Medical negligence can have severe consequences on someone’s health and finances. As a victim of medical malpractice, you can feel vulnerable and overwhelmed, but it’s crucial to take action and protect your rights and future, and your best choice is to contact a medical malpractice lawyer. While no amount of money can bring back your health, fair compensation can help you and your family deal with the consequences of injuries resulting from a medical error.
6 Reasons You Need a Lawyer for Your Medical Malpractice Suit
1. To Comply With Procedural Regulations
According to Maryland law, there are several steps to cover before you can file a medical malpractice lawsuit. Before filing a lawsuit, you need to file a complaint with Maryland’s Healthcare Alternative Resolution Office, where a panel of experts will review your case. Within ninety days of filing your complaint, you’ll also need to file a “Certificate of Qualified Expert,” in which a healthcare professional needs to testify that the standard of care was not met in your case and you were injured as a result.
If you fail to comply with the procedure established by Maryland’s Code and Judicial Proceedings, your case will likely be dismissed.
2. To Determine Liability
Medical negligence is complex and can involve several people and institutions. An error can result from a lack of judgment from someone and then continue through a chain in which all participants can be liable. Suppose, for example, that your lab results are mistaken, and your doctor fails to recognize the mistake. In that case, the lab’s technician, the lab itself, and your doctor can be liable for your injuries.
Having help from an attorney to determine liability is essential from the beginning because changing a claim that has already been filed is exceptionally complicated.
3. To Negotiate on Your Behalf
Lawyers and insurance adjusters are expert negotiators, and the ones representing doctors and hospitals typically seek to pay you as little as possible. It would be best if you had a tough and experienced negotiator on your side too. Lack of negotiation regarding a settlement offer can be detrimental to you. You cannot ask for more after signing, even if you discover your treatment is more expensive. Never discuss a settlement offer without your attorney present, and avoid talking to insurance adjusters by yourself.
4. To Gather Valid Evidence
When proving medical negligence, the law is particular regarding what constitutes valid evidence. It’s always recommended to keep a file of related documents and communications (hospital bills, medical records, communications with your doctor or hospital staff, etc.). Your lawyer will help you determine other valuable evidence, such as:
- Photographic evidence
- Testimonies from experts and witnesses
- Material evidence such as tools or medicine used
Most law firms have specialist investigators who can help you go through walls imposed by hospitals in these situations.
5. To Determine Fair Compensation
Some patients mistake accepting the first amount offered by the insurance company, thinking it is fair. Sometimes, insurance adjusters make settlement offers before you can understand what your future treatment will cost and how long it will take to recover fully. Fair compensation should also include non-economic damages, such as pain and suffering and loss of enjoyment of life.
There’s no formula to calculate damages, so you need a top Baltimore medical malpractice lawyer to explain your options (including caps set by Maryland law).
6. To Represent You in Court
While you should not be afraid of taking your case to trial, the court process is pretty complex. Maryland law allows individuals to represent themselves. However, this is seldom recommended. The judge and other lawyers expect you to understand the legal jargon and federal and state laws perfectly. This is why having professional representation is always the best choice.
Your lawyer’s office will also help you keep up with a complicated court schedule, which means that you will never miss important deadlines, and the documents filed on your behalf will always meet court standards.
What to Ask Before Hiring a Medical Malpractice Lawyer?
During your first consultation, it’s important to ask many questions to help you determine if a lawyer is right for you. We recommend the following:
- What’s your experience regarding medical malpractice?
- What are the main mistakes that plaintiffs make regarding medical malpractice cases?
- What’s your availability, and who will handle my case if you are unavailable?
- Can you give me an estimated timeline for my case?
- What expenses will I need to cover out of pocket?
- Can you suggest a strategy for my case?
If you were injured as a result of medical negligence, you need to contact a medical malpractice attorney as soon as possible. In Maryland, the statute of limitations for medical malpractice is five years, or three years from the moment when you discover your injuries.
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