One of the most important steps you can take if you have been the victim of medical malpractice is to contact a personal injury lawyer. However, not all personal injury attorneys are equal. If you are trying to find the right lawyer for your case, make sure you ask your potential lawyer for medical negligence the following questions.
1. What Will Need to Be Proven in My Case?
Medical malpractice cases hinge on four factors. In any case, your medical negligence attorney will need to prove:
- You were a patient of the defendant, and they were involved in your treatment
- The defendant was negligent and made decisions below the medical standards
- This negligence directly caused the injury you suffered
- A financial value can be determined for the harm that you suffered
These elements form the basics of any medical negligence claim, and your attorney should be able to provide you with such information. When you ask this question, you will want the lawyer to give you specifics about how they intend to prove each aspect of the case.
For example, proving that your harm has some amount of financial value isn’t particularly meaningful. You need a potential lawyer to tell you what value they intend to prove and how they arrived at that number.
2. Do You Foresee Any Challenges or Obstacles We’ll Need to Overcome?
Nearly all medical malpractice claims have some challenges; a medical malpractice lawyer is vital for this very reason. You want a lawyer who can quickly identify obstacles — like the statute of limitations or inconsistent standard of care — and explain them to you as simply as possible.
Furthermore, any answer to this question should include strategies for overcoming those challenges. If all a lawyer can only tell you what problems they foresee without providing a plan to deal with those problems, they are unlikely to get you the compensation you deserve from your claim.
3. Who Might Be at Fault for My Injuries?
Typically, the doctor who provided your treatment will be the party responsible for your injuries. But this isn’t necessarily the case, and you want a lawyer who considers other options and investigates to determine who was liable.
Other common parties that may be responsible are any nurses who treated you or other hospital staff. Hospital policies may also be the main cause of your injury, which means that you would have to sue the hospital for enforcing those policies.
An experienced medical malpractice lawyer can explain how other parties could be liable and can investigate to provide a more concrete answer.
4. What Kind of Documentation Should I Collect?
Documentation is key to a medical malpractice claim. With the proper documentation, you are better able to prove what harm you suffered and how the responsible party was negligent. What documentation you need can differ from case to case, however.
That is why it’s important to ask your lawyer during your consultation what documentation you will need to collect. This can help you to both increase your chance of getting fair compensation and understand how the lawyer is approaching your case.
5. How Will I Know When a Settlement Offer Is Fair or Unfair?
Experienced lawyers will give their opinion about a settlement offer before they present it to you. However, this is still a good question to ask.
The answer a lawyer provides to this question will give you an idea of whether your lawyer prefers to settle cases or take them to trial. Some lawyers prefer one method over the other, while others stay prepared for either scenario. Asking this question can help you know what to expect about how your case is likely to proceed.
FAQ
Is There a Limit on How Much Compensation I Can Get in a Medical Negligence Case?
Yes, and no. There are no limits on compensatory damages for economic loss. However, there are limits on non-economic damages. You can only receive up to $500,000 in non-economic damages from a single defendant and up to $1 million total.
Will My Medical Negligence Claim Go to Trial?
Most medical malpractice claims never reach a jury verdict. Typically, the insurance company for the defendant will agree to a negotiated settlement rather than risk the consequences of a jury trial.
Can I File a Lawsuit if a Loved One Died Due to Medical Negligence?
You may be eligible to file a wrongful death claim if your loved one died due to medical negligence. If you believe medical malpractice was involved in the death, contact an attorney right away to give them time to investigate your claim and determine your legal options.
Can a Doctor End Up in Prison Because of a Medical Malpractice Claim?
No. A medical malpractice lawsuit is a civil claim. Civil courts do not have the authority to penalize defendants with prison sentences. A prosecutor might file criminal charges against a doctor if the situation warrants it, but that is a separate trial that will follow a different legal process.
Turn to a Trusted Medical Negligence Lawyer in Ohio
Medical negligence can result in lifelong consequences for the victim. Treatment for injuries related to medical errors can be costly, and your injuries may prevent you from returning to work or caring for yourself. A medical negligence lawsuit can provide you with the compensation you need to bear the financial burdens a medical error costs you.
If you are a victim of medical negligence, you need a dedicated legal advocate on your side. The experienced team at The Moore Law Firm has a long legacy of protecting the rights of medical negligence victims in Ohio. Contact us to speak to a skilled Cincinnati lawyer for medical negligence today.
If you have been injured or have lost a loved one as a result of another person's negligence, you deserve to be fully compensated for your losses. The simple fact is that you should not be forced to pay the price for another person's careless or reckless actions.