Challenges to Medical Malpractice Claims
If you think you were hurt by a medical professional, there is a chance you can recoup damages from the injury with a medical malpractice claim. This is not a simple task and involves complex processes and a long period of time. The following will give you some idea of what a medical malpractice challenge looks like.
To have a successful medical malpractice claim, you must prove that there is an injury directly related to your medical situation. This will mean you will need the expert services of a medical malpractice attorney and an expert witness.
Your expert witness is a person, often another medical professional, who is experienced with your particular situation and injury. It may be that there is not an expert witness in your area who is willing to testify, and this may cause some problems with your claim. Of course, the medical professional’s insurance company will provide their own expert witnesses to support their side. Your expert witness will have fees, and these fees will likely come from your award should you win.
Now that you have started the lawsuit process, you will have to wait. Often, these lawsuits can take many months to resolve, so patience is critical. Remember: The insurance company will have a sophisticated legal team who will likely try to stall the lawsuit as long as possible by taking every measure to prolong the case. The goal is to have you give up and settle for a low figure, or forget the claim completely.
Perhaps the biggest challenge: legal costs. Medical Malpractice claims are extremely risky given the low chance of settlement success and duration of the cases. Some injury attorneys may take your case on a contingency fee, meaning most or all of the costs are paid up front and no fees are collected unless you win. If you do win, the attorney will take one-third of the total settlement plus costs and expenses. This is the best case scenario when you do not have a large amount of cash to fund a lawsuit with.
For these reasons above, you should immediately contact an experienced medical malpractice attorney for more information. NEVER sign anything or volunteer information until you have spoken to an attorney.