People from all over the world put their trust in the US Healthcare system and the expertise of medical professionals. Even with this robust health infrastructure, an estimated 251,000 people die each year from some form of medical malpractice. Such cases can have devastating effects on the victims and their family members. First, it is miserable to be misdiagnosed and not treated correctly by doctors. Second, there is massive pressure on the family members of the survivor or the deceased to prove the negligence of the healthcare professionals.
Even when you’re sure it was a doctor’s mistake, you cannot get the settlement amount until you can prove it. There is a lot of evidence you will need to gather, including diagnostic tests, medical reports, video evidence, and statements from other healthcare workers.
That’s when a medical malpractice lawyer can make the difference. Here are the top 5 ways medical malpractice lawyers can help you get a fair settlement amount.
Establish A Strong Case
Just because you know a doctor misdiagnosed your condition is not enough to prove their “breach of duty of care” in court. First, you need to understand how medical malpractice cases work. Without legal knowledge, winning such cases can be very challenging. After all, you are suing healthcare professionals who will hire the best lawyers to defend their case.
Good News: Assembly Bill 35 has some recent changes. As of January 1, 2023, the limit on pain and suffering in a medical malpractice case increased to $350,000 for injury cases and $500,000 for death cases.
Lawyers are up-to-date with these amendments and educate you on new laws and how they can benefit your case. Also, a medical malpractice lawyer will help you file a lawsuit without any delay.
Ensure You Don’t Miss Any Deadline
If you want to win, you must act fast. Several states have put a time limit in which civil lawsuits can be filed, known as statutes of limitations. Depending on the jurisdiction, there are different deadlines and even different ways these time limits are imposed for medical malpractice cases. An experienced attorney is familiar with the deadlines and helps you to act fast.
Formulate A Strategy To Win the Case
Medical malpractice lawyers have the expertise required to frame a strategy that will help you win the case. They have access to expert witnesses who can give their testimonies in court. Moreover, experienced lawyers have excellent negotiation skills and ensure you don’t settle for anything less than the fair compensation you deserve.
Communicate On Your Behalf
Once you choose to go against a professional in the medical community, be prepared to get notices from the other party’s lawyer, insurance companies, and expert witnesses. Dealing with the physical pain of a medical malpractice case and communicating with these expert professionals can cause significant stress. Insurance companies have teams of highly qualified attorneys, so it’s a good idea to contact an attorney familiar with handling this type of conversation.
Experience In Taking Case To Court
While no one wants their case to land in court, sometimes it becomes unavoidable. If the other party refuses to offer any settlement amount or if the case is tricky to prove, there is no other way but to take the case to court. Medical malpractice lawyers have the knowledge and experience to take your case to court. They can prepare your case with evidence and witness statements that can support your case in court.
As you can see, there are many reasons to hire a medical malpractice lawyer. If you have been the victim of medical malpractice, you should hire one early on in your case.
This will ensure you do not miss any deadlines or there is no tampering with the medical evidence. Experience matters, so we advise you to choose a firm with enough expertise in handling medical malpractice cases.