Though doctors strive to help their patients, accidents and injuries can and do happen. When something does happen and a patient is injured, if the injury happened because the doctor or medical staff was negligent, the patient may be able to seek compensation for their injuries. It is important for patients to work with a lawyer during this to ensure their rights are upheld at all times.
Review Patient Rights
Many times, patients aren’t aware of what all of their rights are, so they may end up inadvertently waiving rights. Instead, when they hire a medical malpractice lawyer, they can learn more about their rights and what they may be entitled to if they request compensation for their injuries. The lawyer can help to explain everything to make sure the patient understands all of their rights and how to avoid waiving them when requesting compensation or relinquishing compensation because of mistakes.
Investigate the Case
Medical malpractice cases are incredibly evidence-heavy, as it needs to be shown that the doctor had a duty of care for the patient, that the duty of care was breached, and that the patient was injured as a result. A lawyer will review and collect evidence of what happened to help build a case. They’ll also gather information needed to file a claim, such as the entity holding malpractice insurance for the doctor. All of this is needed to show exactly what happened and why the compensation is owed to the patient.
Build a Strong Case
The lawyer will work to build a strong case against the doctor or other medical professional. It is necessary to use evidence to show that the medical professional deviated from the standard of care and that they directly caused the injuries to the patient. The lawyer will also work to determine the amount of compensation the patient needs to be able to financially recover from the accident. They will need evidence to back up these numbers, too, so all of that will be gathered before filing a claim.
Negotiate for a Fair Settlement
Once a claim has been filed, the insurance company will either attempt to deny the claim or minimize the amount of money paid out. However, the lawyer will work hard to negotiate a fair settlement for their client. Settlement averages can vary significantly based on the specific injury, the location of the case, and a number of other factors. A lawyer takes all this into account when negotiating with the insurance company.
Take the Case to Court
Most malpractice cases will end with a settlement being negotiated. However, there are situations where the insurance company refuses to pay out on the claim or will not negotiate in good faith and only offers a much smaller amount. In these situations, it may be necessary to go to court to have a judge rule on the settlement. In these cases, lawyers work hard to help their clients through the process and to get a successful outcome for the case.
If you’ve been injured because of medical care received and it was due to the negligence of the doctor or medical staff, you may be entitled to compensation. Malpractice cases can be challenging, and it can be difficult for you to uphold your rights on your own, so it is highly recommended that you speak with a lawyer about your case. Schedule a consultation to learn how they can help you.
