How Can A Medical Malpractice Lawyer Help Your Case?
As a matter of fact, it is almost impossible to win a medical negligence or malpractice case without a highly experienced lawyer because of the complexity involved in the case. Think of this, a medical practitioner can easily bamboozle the jury and justify whatever actions he took. It will take another medical practitioner to expose the defendant's erring point. Besides, it is difficult to prove what the doctor did wrong or what he did not do right.
For some reasons, a lot of lawyers, avoid this kind of case because it is costly and complex. It sometimes lasts for years. Nevertheless, here are areas where a competent lawyer can help in such a case.
They often charge a contingency fee
Reputable lawyers will only ask for payment when you win your case. This means that they will bear all the necessary cost of the case. Remember, filing a lawsuit isn't free. They get paid only if you win your case. What if you don't? All their efforts and money will go down the drain. That means that your lawyer will also be a stakeholder and as such, he will give his best shot.
Your lawyer will help you get a medical witness
As mentioned earlier, you need another medical practitioner that will come and educate the jury on how and where the defendant erred. Without that, the jury will not base their judgement on your account or that of your lawyer. The most important point here is that no medical witness will testify for free. This is part of the cost your lawyer will bear until you win. Your lawyer will definitely have a large network of medical professionals from which he will choose a witness.
Your lawyer understands the procedure
Your attorney already understands the right procedure in filing such a case and will handle it for you. The case is a complex one and you could get it wrong easily. After hiring a medical malpractice lawyer, you don't have to worry about that anymore. Just leave it to your lawyer to handle.
He saves your time
Do you have any idea how many times the case will be heard in court before a judgement is passed? Do you know that this kind of case sometimes lingers for years? Well, the real question is, do you know how much time it will consume if you have to be in court for every proceeding? By now, you should understand that the questions are rhetorical. The point is, you don't have to be present in court for every proceeding if a lawyer already represents you. In addition to all his efforts, your lawyer may also need to talk to insurance companies for you.
Gather and present necessary evidence
Apart from hiring a medical witness, your lawyer also needs to present certain evidence that the defendant did exactly what you are suing him for. It is part of your lawyer's job to collate the proofs and present them in the right form.
Choosing a lawyer for this type of case
By now, it should be clear that filing this kind of lawsuit without a competent lawyer is like hoping that Michael Phelps will knock out Floyd Mayweather in a boxing match. To hire a lawyer that is experienced in this area of practice, you could ask friends, family, and colleagues for reference.
In addition to seeking reference, you may also need to do a quick online search for some experienced lawyers. You should end up with a long list. You need to prune down the list to a manageable size and quote; say 4 or 5. You need to contact and probably meet all of them before you make a choice. Now, here are the factors to consider in your choice.
1.Hire a lawyer based in your city
For proximity reasons, it is better to hire a lawyer whose office is at least within the same city if you can't get anyone within your community. You have no idea how many times you may have to visit him while the case lasts.
2. Choose to pay only if you win
Although most lawyers charge contingency fees on this, a few others may ask for an advance. Of course you prefer the ones that charge contingency fee, right? There is a little twist to this. You may be faced with the option of either paying an amount before service or paying twice the amount as a contingency fee. Don't be deceived. Stick to the contingency fee because it makes the lawyer a stakeholder and as such, he will give his best shot.
You need a lawyer that is experienced
You need a lawyer that is highly experienced in this field because it is a very complex one. You are going to pay for the service so you should be sure of what you are paying for. You can ask for your potential lawyer's experience. Don't hire a lawyer with less than 5 years' experience in this area of practice.
Unfortunately, it is not uncommon for lawyers and other service providers to inflate their years of experience to impress and attract potential clients. So, you can ask for the proof of his experience. The truth is, reputable lawyers are always eager to flaunt the proof of their years of experience.
Consider his win rate
While experience matters, it is not as important as the win rate of your lawyer. As a matter of fact, 5 years' experience with a 75% win rate is better than 6 years' experience with a with a win rate of 65% or less. Don't stop at the win rate. You should also find out how many cases, your lawyer has handled. You may be impressed with a lawyer that has a 100% win rate until you find out that he handled and won only one case! Aim for at least 70% win rate.
Conclusively, you need to take your time to make a good choice as your choice of lawyer plays a huge role in the success of your case. Cost should not be a constraint since you will pay only if you win.