Curious how medical malpractice claims REALLY work?
When you or a loved one has been injured due to medical malpractice, it’s difficult to know where to turn. The process of filing medical malpractice claims is confusing. There’s a lot at stake and navigating the justice system can feel impossible if you’ve been wronged by a medical professional.
Truth Bomb: Medical errors kill more than 250,000 Americans each year and are the third leading cause of death in the country behind heart disease and cancer. Yet only a small fraction ever file medical malpractice claims.
Here’s the good news. When you know how medical malpractice claims are evaluated, you can make informed decisions about what to do next. Medical malpractice lawyers who work on a contingency fee basis accept cases for free up front, which means there’s zero risk financially for you.
That means you can focus on taking care of yourself while lawyers experienced in Florida law do the rest.
In this article we will cover:
- How Medical Malpractice Claims Get Evaluated
- What Does a Contingency Fee Malpractice Lawyer Do?
- The 4 Elements Every Medical Malpractice Claim Must Have
- Why Most Medical Malpractice Claims Are Settled Out of Court
- Steps To Take If You Believe You’re the Victim of Malpractice
How Medical Malpractice Claims Get Evaluated
Every medical malpractice claim gets carefully reviewed before lawyers agree to take the case.
Here’s what happens: Attorneys will thoroughly review your medical records, treatment history, and the events leading up to the medical mistake. They’ll use this information to determine if the healthcare provider violated what’s known as the “standard of care.”
This just means the provider didn’t act in accordance with how other medical professionals would have acted in that same situation. If the provider failed to meet the standard of care and your injuries were a direct result… you may have a case.
But wait, there’s more.
Lawyers will also consider how severe the injury was, how it affects your quality of life moving forward, and whether the provider’s mistake can be directly linked to that injury. If any of these things can’t be proven, it doesn’t matter how careless or wrong the medical professional acted. You won’t have a case.
For that reason, it’s critical to have your case evaluated by a qualified contingency fee malpractice lawyer right away.
What Does a Contingency Fee Malpractice Lawyer Do?
Medical malpractice lawyers who work on contingency only charge you if you win your case.
Here’s how it works:
Your lawyer agrees to represent you AND only gets paid if you win your case. If you receive a settlement or win a court award, your lawyer will take their percentage. If you don’t win your case, you pay them nothing.
Typically lawyers charge between 25% – 40% depending on case complexity and which state your claim is filed in. Some states even limit what medical malpractice lawyers can charge as a contingency fee.
You might be wondering why lawyers would work this way?
Contingency fees exist for one reason – medical malpractice cases cost money. Hiring expert witnesses, reviewing medical records and filing a claim in court isn’t cheap.
If you had to pay your lawyer up front, you’d never be able to afford to file a claim. Period.
That means:
- No up front legal fees for you.
- Your lawyer is motivated to win.
- Patients of all income levels have access to excellent legal representation.
Think of your contingency fee malpractice lawyer as shouldering the financial burden of filing your claim. This allows the patient to stand a chance against big insurance companies.
The 4 Elements Every Medical Malpractice Claim Must Have
If you or a loved one suffered due to misconduct by a medical professional, you may be entitled to compensation. However, not every negative outcome is grounds for a medical malpractice claim.
In order to have a valid medical malpractice claim, you must prove 4 things:
Duty of Care
First you must prove that the healthcare provider was treating you in a professional capacity. They must have had a duty to provide you with competent care.
Breach of That Duty
Next you must prove that the care you received fell below the industry’s standard of care.
Causation
You must be able to prove that your injury was caused by the medical provider’s mistake.
Damages
Lastly, you have to show that you suffered damages as a result of your injury. This can include additional medical costs, lost wages, pain and suffering, or diminished quality of life.
If you cannot prove each of these things, you will not have a valid medical malpractice claim.
Why Most Medical Malpractice Claims Are Settled Out of Court
Here’s a stat most patients don’t know.
Over 96% of claims are settled out of court. Insured patients and their lawyers agree to a settlement with the insurance company instead of taking the case to trial.
Why would they do that?
Well for starters, trials are expensive. They’re also unpredictable and take a lot longer than reaching a settlement. For both parties, settling is often the more cost-effective solution.
Another reason insurance companies choose to settle is when they know they’ll likely lose at trial. Instead of risk letting a jury decide how much they should pay, they’d rather agree to a settlement that’s reasonable for both sides.
Keep in mind that just because you settle your case out of court doesn’t mean you’ll receive a lowball offer.
Your medical malpractice lawyer will push back on the insurance company during negotiations to ensure you receive maximum compensation.
Steps To Take If You Believe You’re the Victim of Malpractice
Nobody wants to think that their medical provider is negligent. But if you suspect that you or a loved one has been a victim of malpractice, it’s important to protect your rights.
Here’s what you should do:
- Document everything. Write down dates, treatment recommendations, prescription drugs, and symptoms related to your care. If you speak to a doctor or nurse about something, follow up with an email so there’s a paper trail.
- Request your medical records. Patients are legally allowed to request a full copy of their medical records.
- Seek a second opinion. A new doctor can confirm if the medical care you received fell below the industry’s standard of care.
- Contact a medical malpractice lawyer. Lawyers will evaluate your case for free to see if you have a valid claim.
- Act quickly. Every state has a time limit on when you can file a malpractice claim. If you wait too long, you could forfeit your right to sue.
Time is of the essence.
Bottom Line
Medical malpractice claims must prove 4 things. Duty, breach of that duty, causation, and damages. If you cannot prove these things, you do not have a medical malpractice case.
But if you have been harmed by a negligent medical professional, there are steps you can take. Filing a medical malpractice claim is your opportunity to seek justice and hold that provider accountable for their actions.
Demand a free consultation with a lawyer to discuss your options. You’ve got nothing to lose by at least finding out if you have a case.
