What Does Filing a Medical Malpractice Suit Involve?
When the actions of a medical professional lead to serious injury or even the death of a loved one there is the option of filing a medical malpractice suit. The suit is designed to accomplish a couple of ends: one is to ensure the guilty party is held responsible for the actions, while the other is to secure compensation that helps to offset any financial hardship resulting from those actions. Here is what an attorney will do in terms of helping a client decide if this approach is the best way to proceed.
Reviewing the Evidence
Before providing any counsel on filing a medical malpractice suit, the attorney will want to review all the data related to the case. This includes taking a look at medical charts, talking with those who were present during the events under consideration, and going over any opinions made by other medical professionals after the event in question. The goal is to determine if there is enough evidence on hand to demonstrate that the professional attending the patient was negligent and, if so, the attorney will likely advice the client to move forward with the suit.
Negotiating Settlements
Medical professionals typically invest in malpractice insurance that helps cover the costs of settling suits or providing funds for defense if the case goes to court. In many instances, defendants and their insurance companies would rather work out some type of settlement and save the time and expense involved with a trial. If an offer is made, it must be provided through the attorney. The legal counsel can evaluate the offer based on the likelihood of being able to receive a greater judgement from the court. Part of the process will also involve considering the current circumstances of the patient or the surviving loved ones. So, before any response is made to the offer, the attorney will make sure the client understands what accepting the offer means and what sort of financial compensation will be received.
For anyone who needs advice related to errors made by medical professionals, arrange for a free consultation. After evaluating the situation, the attorney can advise the client on what actions could be taken, and the possible outcomes of each choice.
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