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Six things to consider before filing a medical malpractice lawsuit

Any time that you are injured by a medical device, physician, medicine or medical procedure you may have a legitimate medical malpractice case. It is important to remember the details, as in-depth as possible, regarding your adverse medical event. The details given to a potential attorney will determine if the law firm believes your potential case has substance and validity.
Definition of medical malpractice

Medical malpractice occurs when a patient is injured in some way by a doctor. When a physician does not perform his or her duties efficiently, negligence can occur. Within the confines of medical malpractice are several categories. Negligence can occur directly, such as a doctor performing an improper procedure. It can also occur indirectly in the way of a faulty medical device being implanted or a prescription medication causing a severe negative reaction.

Cost of a medical malpractice lawsuit

The cost of a medical malpractice lawsuit can be tens of thousands of dollars depending upon the severity of the injuries sustained. Many medical malpractice law firms, including The Tinker Law Firm, work on a contingency basis. This means that there are no upfront or hourly costs. As Todd Tinker says, “We get paid only if we succeed. Our fee is a percentage of the total settlement or award you receive.”

Costs that should be included in contingencies are:
  • Hiring experts
  • Postage fees
  • Document collection
  • Specialist appointments for additional medical opinions
These costs should be included in the agreement that you only pay if you win your case.

Strength of evidence

Examine the evidence that you have to submit to your attorney. If it is not enough or leaves many questions to be answered, it may not be strong enough to withstand the lawsuit/trial process. It is a must that you have proof of your doctor/patient relationship, that you suffered an injury as a direct result of the physician’s care and that the situation was preventable.

Ask your attorney for a checklist of lab work, surgical notes and necessary procedure documentation that you should acquire to save some funds on attorney fees. It often takes less time for patients to acquire their own records.

Varying types of medical malpractice

The parent category of medical malpractice can be broken into multiple sub-categories. Some of the more common types of medical malpractice cases filed are failing to warn patients of known risks, failure to diagnose and improper/incompetent treatment. If a doctor is aware of potential risks with a medication, medical procedure or medical device and does not warn patients that are at a risk for complications, it is negligence.

An example of improper treatment is a surgeon leaving medical supplies such as sponges, scalpels, forceps or gauze in a patient’s body after closing surgical procedures.

Emotional strength

When enduring the processes associated with a medical malpractice lawsuit, it is important to make sure that you are of sound mind first. Discussing the details of your medical injury can be emotionally challenging. It is a good idea to have a strong support system behind you throughout the process, and a compassionate attorney like those at The Tinker Law Firm. Attorneys specialising in medical malpractice understand the sensitivity of the situation and can better assist their clients through the most difficult portions of the lawsuit process.

Suing the right party

It is vital that your medical malpractice lawsuit be against the right party. Your attorney will help determine who is actually at-fault in your specific claim. In some cases, multiple parties may be negligent. In a situation with multiple defendants, it is very important to ensure that each party is held responsible only for their negligence in the situation. Several types of medical professionals can be negligent.

As Todd Tinker states, “Any medical professional who provides healthcare services may be held liable for providing negligent care.”

Bottom line

Working with skilled, compassionate and determined medical malpractice attorneys like those at The Tinker Law Firm, can make the process less stressful. Attorneys work hard to create a checklist of items required to ensure that your case is as strong as it possibly can be. The goal of a medical malpractice attorney is to get justice for his or her clients when negligence is experienced from patients of licensed physicians.

1 Jun 2016 15:33

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