Tips For Pursuing A Successful Medical Malpractice Case

24 May 2016
 Categories: Law, Blog


While modern medicine offers many marvelous technologies, techniques, and treatments, not every visit to the doctor will yield positive results. In some cases your condition can get worse after a visit to the doctor, and sometimes these complications are a result of the medical professional's negligent actions. Whenever this is the case, you should at the least look into filing a medical malpractice claim. To have a successful outcome, you need to handle your case very carefully.

Seek an Unbiased Evaluation Immediately

If you suspect that you were injured due to a medical professional's negligence, you need to confirm that your condition is a result of malpractice. If you were to go to the original doctor, they would have a conflict of interest—if they find that your pain does not stem from their actions, they are off the hook; thus, you can hardly expect them to give an honest evaluation. An unbiased doctor should be able to review the facts of your case and objectively determine whether malpractice applies in your case. This doctor's opinion can help you to determine if you have a case before you invest too much time and effort. On the other hand, if you delay going in for an evaluation, it can be difficult to determine if your condition is a result of the treatment (or lack thereof) that you received or due to your own actions after the incident. 

Consider Settling out of Court

Malpractice cases can require quite the commitment of time and effort for all parties involved. You and your healthcare provider can save money and fast-track the case by stating your willingness to settle out of court. While you may get more money in damages by taking your case to court or you feel the need to take your case to court simply to make a statement, there is no guarantee that you will get a favorable outcome by taking your case to court. Thus, you should at least be open to settling out of court. 

As with any court case, there are many nuances to medical malpractice cases that may be hard to understand or foresee as a layperson. While you might be tempted to save money by pursuing your court case on your own, your best chance for success is to hire an attorney who is experienced in medical malpractice cases. Such an attorney should offer a free consultation and the right to defer payment until the case is settled and they can take a percentage of your settlement for payment. Thus, if you have a strong case, you should not let financing questions get in the way of hiring a lawyer to see your case through to a successful outcome. 

For more information, contact a local firm like Steven J. Rosenberg, P.C.