The following is a guest blog post written by Attorney Percy Martinez. Percy Martinez practices law in Miami, Florida.
A medical malpractice claim is a very serious issue. Malpractice lawsuits tend to be costly and tedious. If you were to compare most personal injury claims, the cases tend to show preference toward doctors and medical professionals, not the person filing the lawsuit. Negotiating a settlement can be harder in a malpractice case as well, most of the time it’s very difficult to sway the doctor to settle even if the insurance company is willing to settle.
Essentially, even the “slam dunk” medical malpractice case can prove to be difficult with very little hope of winning a case. Should you file a medical malpractice lawsuit? Quite a possibility, but remember there are certain criteria you must meet in order to win your case. Below I will explain the most important aspects of winning a medical malpractice case.
How do you know if your medical malpractice case meets the winning criteria?
Consider this very important question before you consider filing a medical malpractice lawsuit against your doctor. When your doctor was attending you did he commit any negligence action which caused you pain and suffering? If the answer is yes, then you should contact a medical malpractice lawyer right away. It will also be easier if you have an eye witness in proving that your doctor did, in fact, commit a medical malpractice action against you.
Was the medical procedure just didn’t work out as intended?
It’s not uncommon for people to mess up and file a medical malpractice lawsuit because they were not content with the procedure. Even if death or negative result is because of the medical procedure does not necessarily mean that it is a malpractice case. The medical field is not perfect. The most basic medical practices can lead to complications. There is no such thing as a 100% success rate for medical procedures.
The way to know for sure is:
- Ask your doctor
- Search for a 2nd professional opinion
- Speak with a lawyer
Take this with a grain of salt. Doctors often will not testify against another practitioner who is in the medical field. Sometimes, lawyers can exaggerate to close the deal. Make sure before filing a lawsuit that you understand the medical malpractice lawsuit criteria and that you know how to seek the best medical malpractice lawyer who is trusted and has a good track record.
Do you have the resources in case you fail?
Lawsuits, especially malpractice are tedious, costly, and will drain you emotionally. These types of lawsuits are not nice, make sure before you do sue your doctor that you are prepared to handle complicated legal aggravation from companies.
- Key Witnesses
- Experts in the Medical field
- Obtaining medical records
- Medical evaluations
All those factors listed above can become extremely expensive; you could face tens/hundreds of thousands of dollars in fees. So, before you commit to filing a lawsuit by yourself, think of the repercussions it can have. I always recommend you at least speak with a lawyer in your area for more information about the options available to you.
This blog post is by Percy Martinez a Miami injury lawyer with 24 years’ experience handling all sorts of personal injury cases. This post is not to be taken as legal advice; this post is more of an opinionated blog.