How Your Attorney Negotiates a Medical Malpractice Claim
While some medical malpractice cases are resolved in court, a large percentage of these cases are actually settled out of court. If this is the case, you will need to make an argument for why you are entitled to compensation for your injuries. If you are not able to make a solid argument, you may be forced to settle for less or the medical malpractice adjuster may reject the idea of settling altogether. Read on to learn how a medical malpractice attorney can help you.
The Importance of an Experienced Attorney
To negotiate effectively, you will need an experienced medical malpractice attorney. The first task for your attorney will be to prove that there was negligence. Then, your attorney will need to prove that the damages you suffered were directly the result of the negligence.
To prove that the doctor was responsible for your damages, a lot of research is necessary. Your attorney must gather evidence to support your case and will also need to research the medical interventions that should have occurred.
The Standard of Care at the Time
There was a standard of care at the time of the medical incident that the doctor should have followed. For example, patients who contracted rabies were once thought to have no hope of survival if they failed to receive a rabies shot in time.
However, doctors later discovered a method that involves a medically-induced coma and the use of anti-inflammatories that has saved some patients. If you contracted your condition before the new medical treatment was discovered, you will not be able to win the medical malpractice case.
The Compensation You are Owed
To be able to receive compensation, you will need to calculate the damages you have suffered. You may be entitled to medical treatments that will make you whole and you may also be entitled to pain and suffering for what you went through during and after the medical procedure.
You will also be entitled to compensation for lost wages that result from not being able to work. However, your attorney will need to prove that you are not able to work due to your injuries and that you may not be able to work in the future.
You'll also be entitled to compensation for pain and suffering. Once your attorney has calculated the damages you have suffered, you can make a demand for a settlement at an amount that will pay for your expenses.