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7/27/2019 Top Ten Tips From Experienced Medical Malpractice Lawyers1396scribd

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Top Ten Tips From Experienced Medical Malpractice Lawyers

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"All We Do Is Injury Law": www.HSInjurylaw.com, 1-800-752-0042 Toll Free

Top Ten Tips

From Experienced

Medical Malpractice

Lawyers

Table of Contents

Definition of Medical Malpractice..................................................................................... 2

How to Find a Qualified Medical Malpractice Attorney.................................................... 2

How Medical Malpractice Attorneys Get Paid................................................................. 2

The Time Limit on Making a Medical Malpractice Claim - Statute of Limitations............ 3

Damages You Can Recover on a Medical Malpractice Case.......................................... 3

Limit on the Amount of Damages You May Recover on a Medical Malpractice Case.... 3

Why Proving a Doctor Made a Mistake is Not Enough.................................................... 3Why Filing a Medical Malpractice Case Will Not Ruin the Career of Your Doctor....... 4

Most Medical Malpractice Cases Do Not Settle Before Trial........................................... 4

If You Win Your Medical Malpractice Case You May Have to Pay Your Health

Insurance Company Back............................................................................................... 4

About Our Law Firm and Taking Action... 4

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Medical malpractice law is a very complicated and time consuming type of personalinjury. It requires the medical malpractice attorney to be completely familiar with the

type of medicine that is the subject of the case and to be experienced enough in the

area of medical malpractice to guide a medical malpractice victim through a very

complex process.

Definition of Medical Malpractice

Medical malpractice is the label used to describe a mistake committed by a doctor or

other medical professional which causes their patient bodily harm. However, it is much

more than making a simple mistake. Medical malpractice occurs when a health care

professional improperly treats a patient or performs treatment in an incorrect way. This

is frequently described as the failure of a medical professional to comply with the

appropriate standard of care in their field of specialty. This inadequate and/or

inappropriate care can cause significant and permanent injuries. Occasionally, it can

even cause death.

How to Find a Qualified Medical Malpractice Attorney

Unfortunately, many lawyers advertise on television and in the Yellow Pages that they

handle medical malpractice cases when, in reality, they do not. The first signal you will

receive from this type of lawyer is his suggestion that you allow him to refer you to a

colleague.

The best way to find a qualified medical malpractice attorney is to require that the

attorney you are interviewing share with you specific case results that he has personally
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achieved. It is also a very good idea to ask him for the names of former clients that he

has personally represented who are willing to talk to you about the quality of his

representation.

NEVER EVER SELECT A MEDICAL MALPRACTICE ATTORNEY WITHOUT

INTERVIEWING HIM OR HER IN GREAT DETAIL ABOUT HIS TRIAL EXPERIENCE

IN THIS FIELD.

How Medical Malpractice Attorneys Get Paid

All plaintiff's personal injury lawyers, including medical malpractice lawyers, charge a

contingency fee to represent medical malpractice victims. This means that if there is no

recovery in your case, the lawyer gets paid no attorney's fees. The only thing you may

be asked to be responsible for, if there is no recovery, are the costs associated with

evaluating and processing your medical malpractice claim. If there is a recovery, the

attorney will charge a percentage of that recovery. This percentage varies from attorney

to attorney, but is usually between 33 and 45 percent of the gross recovery. Frequently,

the percentage amount charged by the medical malpractice attorney is based upon

what stage of your case a recovery was obtained.3


The Time Limit on Making a Medical Malpractice Claim - Statute of Limitations

Every state has established a time limit within which a medical malpractice victim must

assert his or her claim. This time limit varies, from state to state. It can be as short as

one year, or as long as five years. If you think you have been a victim of medical

malpractice, you should contact a qualified medical malpractice attorney immediately to

determine what your time limitations are. As an example, Virginia has a two year timelimit, while Maryland has a three year time limit.

Damages You Can Recover in a Medical Malpractice Case

If the medical malpractice results in serious personal injuries, the medical malpractice

victim can recover for any bodily injuries sustained and their effect on the victim's health

according to their degree and probable duration. In addition, a medical malpractice

victim can recover for any physical pain he has suffered in the past and any that he may

suffer in the future. A medical malpractice victim may also recover for any medical

expenses that he or she has incurred as a result of the mistake, as well as any loss of

earnings and lessening of earning capacity that the medical malpractice victim may

have suffered.

If the medical malpractice results in death, the surviving family members of the medical

malpractice victim in Virginia may recover for their emotional damages, as well as the

amount of financial support they may have reasonably expected from their loved one. In

addition, they may recover for the cost of care, treatment and hospitalization of the

victim as a result of the injury which resulted in death, as well as reasonable funeral

expenses.

Limit on the Amount of Damages You May Recover in a Medical Malpractice Case

Most states impose a limit on the amount of compensation a medical malpractice victim

may obtain, but a few states do not. However, some states, such as Virginia, impose an

overall cap on the total amount of compensation a medical malpractice victim can
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obtain. Other states, such as Maryland and Georgia, only impose a cap on noneconomic

damages. In those states, a medical malpractice victim can receive full

compensation for his economic losses, which include lost wages and medical expenses.

Non-economic damages are compensation for pain and suffering, any decrease in your

quality of life, and the trauma associated with your injury.

Why Proving a Doctor Made a Mistake is Not Enough

There are two reasons why simply proving a doctor made a mistake is not enough to

win a medical malpractice case. First, doctors can make mistakes that do not result in

them being guilty of medical malpractice. In order to prove medical malpractice, you

must be able to establish that the health care provider failed to conduct himself in

accordance with the appropriate standard of medical care. This must be proven through

expert witness testimony. The other reason why simply proving a health care provider

made a mistake is not good enough relates to the fact that the law requires that the

medical malpractice resulted in injury to the victim before compensation may be paid. If

a medical mistake results in no injury and no loss to the victim of that mistake, then the

law does not allow compensation.4


Why Filing a Medical Malpractice Case Will Not Ruin the Career of Your Doctor

The short answer to this question is NO. Virtually every health care professional in the

United States today carries medical malpractice insurance which pays for their defense

of the medical malpractice claim and will pay for any settlement or verdict that you may

obtain against that health care professional. Most medical malpractice claims have no

impact whatsoever on the professional lives or careers of health care professionals.Most Medical Malpractice Cases Do Not Settle Before Trial

Although many medical malpractice cases can be settled without the need for a trial,

many of the medical malpractice cases that are filed today do not settle. This is because

the insurance industry that insures health care providers has spent millions of dollars

making sure that laws are passed to limit the rights of patients to get to trial. Most

medical malpractice cases are hard fought by the insurers, so it is extremely important

that you select a highly qualified medical malpractice attorney to help you with your

case.

If You Win Your Medical Malpractice Case, You May Have to Pay Your Health

Insurance Company Back

The answer to this question largely depends on the law of the state where the

malpractice occurred and a federal law called ERISA. Many states, such as Virginia,

have laws that generally forbid traditional health insurance companies from recovering

their money from a medical malpractice victim who makes a recovery. Other states do

not have such laws. To answer this question regarding your case, it is very important

that you consult with a qualified medical malpractice attorney.

About Our Law Firm and Taking Action

Thank you for downloading and reading through this guide. We hope it was helpful and

provided answers to some of your questions. Now that you've read through the guide,

the next step is to contact our firm to set up a free, confidential consultation so we may
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evaluate your potential case.

We cannot legally state we are the best medical malpractice injury law firm. However,

we can tell you that many of our lawyers have been selected for the highest honors in

our area of injury law and two of our lawyers are listed in the "Best Lawyers in America"

(since 2011; Shapiro, Lewis). In addition, our firm has been listed as one of the Best

Law Firms" for personal injury law by U.S. News & World Report (since 2011).

Furthermore, three of the attorneys at our firm possess the "AV" Preeminent rating from

Martindale-Hubbell, one of the best known lawyer rating services in the country. Three

lawyers with our firm have been designated Virginia "Super Lawyers" ('06 Lewis; '10

Shapiro, '11 Appleton).

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In October of 2000, our law firm and co-counsel obtained a record-setting verdict, which

was the largest in Virginia's history, for an injured person suffering a traumatic brain

injury ($60 million, with interest). If you have checked our firm's website, you understand

that we have handled complex cases successfully, and our track record of million dollarsettlements and verdicts speaks volumes.

Our firm has represented thousands of injury victims. In fact, our firm motto is All We

Do is Injury Law." That means all day every day, we focus exclusively on personal injury

cases. In fact, our attorneys have over 100 years of combined legal experience.

We have offices in Virginia Beach and Hampton, VA along with an office in Elizabeth

City, NC, and importantly, on faulty product injuries or deaths, dangerous drug and

medical device cases, we accept and work on cases nationwide. If you cannot travel to

any of these offices, we will come to you. Contact our office at 1-800-752-0042. If youcannot get through due to high call volume, or if it's after hours, please leave a

voicemail and we will return your call promptly.
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