Before any lawyer will take a medical malpractice lawsuit case on a contingency fees basis he will want to be sure that the claim has a reasonable chance of success otherwise he will be wasting the time and effort that goes into pursuing unsuccessful legal proceedings. medical malpractice lawyers who work on a contingency fees basis only get paid if the claim is successful and as their reward for taking the financial risk of pursuing a claim through the court system they are entitled to an agreed percentage of the final award made by the court. The amount due to the lawyer is typically in the region of 30% to 40% of the overall damages however this sum may be open to negotiation. If the case is unsuccessful the client does not pay the lawyer who receives nothing for his time and effort.
The key factor to success in a medical malpractice lawsuit is the accurate review and interpretation of the medical records. There is just no point in starting legal proceedings if the evidence of neglect is not there and a scrupulous review of the records will often save all parties involved a lot of wasted time and money. The records may show that proposed legal action is futile or may deal a fatal blow to the doctor’s hopes of successfully defending a claim. All relevant medical records which include physician's records, treatment records and emergency room card together with scans and x-rays will have to be obtained. Some States restrict direct access to health records however they will usually be made available to the patient's attorney upon presentation of a proper authorization signed by the patient.
After obtaining and reviewing the medical records an experienced attorney will usually make a preliminary evaluation after discussing the records with the client. The attorney will then send the clients statement of events, a chronology outlining all relevant dates and the medical records to an expert witness who is usually a specialist physician with experience both in the particular area of malpractice and in giving evidence in court. Once any further enquiries have been made the specialist will report his opinion to the lawyer who will then make a decision as to whether he wishes to risk his time and money on a medical malpractice lawsuit on a contingency fees basis.
Once a decision to proceed with a medical malpractice lawsuit has been made the lawyer makes contact with the third party and their indemnity insurers in an attempt to negotiate settlement on an agreed basis. Physicians insurers are notorious for making potential claimants prove their case ever step of the way and are usually unwilling to make any concessions or make any offers of payment on a ‘nuisance’ basis. Economic considerations rarely come into the issue and insurers will spend very substantial sums in defending claims of relatively minor value. If the claim and its value cannot be agreed by consent then, assuming the time limit for making a claim has not expired, the lawyer will file legal proceedings in court and the matter will continue in accordance with the legal procedures for that particular state.
Doctors usually provide a high standard of excellence for their patients however there are occasions when things go wrong. We can get you the best representation available anywhere in the country and our lawyers deal with claims on a contingency basis which means they don’t get paid unless they succeed. If you would like free telephone advice from an expert just complete the contact form.
