The First Three Steps If You Are Considering Filing A

The First Three Steps If You Are Considering Filing A Medical Malpractice Lawsuit

Every year, 200,000 Americans die from, and many times more are injured by, medical malpractice. For many of them, the experience will be one of the most traumatic events of their life, and many of them will never even know that they were the victims of medical malpractice.

Many, however, will realize that something went wrong with the health care they received, and will suspect that the physicians or hospital involved in their care or their loved one's care may have been negligent. What then?

Most people don't have a medical malpractice lawyer on speed dial, and don't know the specifics of medical malpractice law, other than what they know from advertisements on the sides of buses and from public relations campaigns by insurance companies advocating for changes that would prevent patients from recovering adequate compensation.

Since there are thousands of medical malpractice lawsuits filed every year, there is a large advertising market for medical malpractice claims. In that market it is often hard to distinguish advertising hype from real substance.

This article is intended to help people find, choose, and be comfortable with a medical malpractice attorney to represent them, and to ensure that their legal rights are protected. There are three main steps.

First, focus on yourself and your loved ones. Anyone who needs treatment, whether physical or psychological, should get it. Keep your family together. Keep your job. Although many patients and their families, upset and suspicious over the health care they received, will throw themselves into investigating their remedies, it is important that family and responsibilities be given the first priority. If they arent, everything else about the process will be even harder to manage.

Second, pay attention to the calendar. Immediately after a serious injury or the death of a loved one, each day can feel like a week, but time nonetheless starts to slip away, and medical malpractice lawsuits must be filed within a certain amount of time. Although in a number of states the rule is that medical malpractice lawsuits must be filed within two years of the allegedly negligent care, you do not want to wait until you are near the legal deadline to contact an attorney. Waiting until the legal deadline can cause two problems. You might be incorrect about the deadline; for example, in many states, although there may be a general rule, claims against state-funded hospitals must be filed much sooner, and must be filed in a particular manner. Further, it can take weeks, sometimes months, for an attorney to prepare a medical malpractice lawsuit for filing, because the attorney must carefully review the case and then, in many states, find an independent expert physician to provide an initial report confirming the possibility of malpractice.

Third, find an attorney you trust and are comfortable with. Thankfully, these days patients and their loved ones have far more options to learn about medical malpractice attorneys and far more power to choose an attorney.

Don't call an attorney simply because they have an ad on a bus, or TV, or a billboard. Any attorney can pay for those, and many of the attorneys who advertise rarely represent clients but instead refer them to other attorneys for a fee. Instead, spend some time online looking around for medical malpractice attorneys, and read the websites carefully. Review the biographies of the attorneys and the history of the firm, and look for concrete examples of cases and results. Once you have found a firm that you are comfortable with, call or e-mail the firm, give them a summary of your case, and ask for specific details about the process they will follow to review your case and to schedule a meeting with you.

Reputable medical malpractice firms these days do not charge initial consultation fees. You should not be charged for any of this initial process. If the firm starts to demand money from you, you should inform them in writing that you have no further interest in their services and then you should find a reputable firm that will perform an initial consultation for free.

Once you are comfortable with an attorney, the attorney will discuss with you their impression of your case. As a medical malpractice attorney, I can tell you from experience that, in over 90% of our calls, we eventually tell the potential client that we do not believe a medical malpractice suit should be filed. Many times, potential clients are glad to hear that, and it helps them bring closure to such a difficult time. For everyone else, we explain to them the benefits and drawbacks of filing a lawsuit, to ensure they can make an informed decision about whether or not they want to file a lawsuit. Again, if they dont want to, theres no charge.

Remember, you have the right to choose your attorney. If you do an initial consultation with an attorney and are unhappy with them, you are free to leave and seek the services of another attorney. Theres nothing wrong with talking with several attorneys about your case until you find the attorneys and firm you are most comfortable with.

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