A lawyer is essential medical malpractice suits. The sheer volume of research and knowledge of the law necessary makes it nearly impossible for a person to sue for medical malpractice. Even if the doctor or hospital were to offer a settlement amount, you should have an attorney to represent your best interests.
The bottom line with settling without legal representation could mean that you walk away with far less than you deserve to get in the case. There are extenuating circumstances as well. Consider the fact that the lawyers hired by the other side are working hard to make sure their client does not have to pay a dime. If the lawyer were able to have the case thrown out, it is likely that you could end up having to pay their fees and you would not get a dime from the suit. This could easily leave you destitute.
Another very important point of contention is that some insurance companies will require that you pay back fees paid to the institution and/or doctor when a malpractice suit is brought into the courtroom. It is important to assure that any settlement amount from the parties being sued includes that amount. An attorney is able to exact those fees so that you still end up with the amount that you deserve to have. You should not have to pay the fees back out of your portion of the settlement, meant to help with expenses associated with the malpractice.
Every case is different and requires unique approaches. The settlement amount or the suit claim amount depends greatly on particular facets of the case. Having an attorney present throughout the entire process ensures that you will have the best possible outcome for such cases.
Additional Frequently Asked Questions
- Is Expert Testimony Required for a Medical Malpractice Case?
- What Does “Preponderance of the Evidence” in Relation to Medical Malpractice Mean?
- Are Nursing Home Injury or Abuse Cases Considered Medical Malpractice?
- Is Failure to Warn a Patient of Known Risks a Form of Medical Malpractice?
- Why Do Attorneys Turn Down Medical Malpractice Cases?