Simple Do and Don’ts When Moving Forward With a Medical Malpractice Case
Here’s a disturbing fact for anyone who relies on the U.S. health care system—and that’s everyone who lives in the country. Medical mistakes are the third leading cause of death in the United States. Only heart disease and cancer claim more lives each year. The health care industry is changing, but major mistakes are still made each day that can have catastrophic consequences.
With 10 percent of deaths in the country being caused by preventable medical errors, you may start to wonder how many more people are injured from them. According to The New York Times, hundreds of thousands of people are harmed by medical negligence every single year.
Only one percent of medical mistakes make it to legal claims, which means negligent medical professionals may continue without penalty for their errors. If you have been hurt or even lost a loved one because of a medical mistake, it’s important to see a medical malpractice attorney as soon as possible. Beyond that, follow these dos and don’ts if you think you’ve been a victim.
Do Be Thorough With the Questions You Ask Your Attorney
Not only is it important to see a medical malpractice attorney as soon as possible after you have been victimized by a medical mistake, it is also important to prepare for this meeting. You need to know exactly what you want to ask and which information can help you best protect yourself. Think about it and write out exactly what information you need to attain in your consultation.
If you aren’t sure whether you should talk to a certain person about the case, ask for your lawyer’s insight. Since your attorney will be able to assess your unique situation, apply legal expertise and look out for your best interests, your lawyer will be your ally in getting a fair settlement to compensate for all that you suffered and may continue to suffer.
Don’t Hesitate Because You’re Afraid of a Trial
Few people relish the idea of going to court, but the good news is that it’s probably not going to be necessary. You shouldn’t let a fear of going to trial stand in the way of fighting for the compensation you should have for the pain and harm you’ve endured.
People settle out of court in medical malpractice cases for a lot of reason. When there’s a legitimate claim against them and they have liability, most doctors and hospitals will want to settle. You may want to as well, since litigation does not guarantee a certain outcome. However, you are allowed to know the full terms of your settlement.
Do Consider Structured Payments or a Lump-Sum Payment
When your case is settled, you will need to decide how much money you need up front. Two common options for payment include structured payments or a lump-sum payment. Structured payments are made over time to a plaintiff for the damages that were incurred. However, a lump-sum payment allows the victim to have all the money up front, which most people want.
A lump-sum payment isn’t as potentially complicated as structured payments. Those who were victimized get the money all at once, which can help if someone is in need or especially if the person is facing an ongoing medical crisis.
Finally, keep in mind that it’s important to seek the advice of an attorney as soon as possible after you’ve been a victim of a medical mistake. Don’t talk to others involved in the situation without seeking legal advice. Your attorney will act in your best interests and advise you how to do the same. The Law Office of Scott M. Sandler, P.A. can help you fight for what you deserve.
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