The Approach to Finding the Best Medical Malpractice Lawyer

on Sunday, May 20, 2012

Have you been a victim of medical malpractice, or has a family member or close relative or friend been a victim? If this is true, then you may need the services of a medical malpractice lawyer.

A medical malpractice lawyer can help you sue a medical professional who was negligent or irresponsible while he or she performed a medical procedure such that you sustained a medical injury that could have been avoided if proper medical procedures had been followed.

Now, it's often true that you see these 1-800 ads on television telling you to call this or that medical malpractice attorney to see if you can file damages against a health professional who has caused a specific condition, such as mesothelioma caused by asbestos exposure. However, in most cases, these central organizations will not do you justice as a client. Rather, they serve as clearinghouses and make their money by racking up referrals to attorneys they serve. If you do believe you have a legitimate medical malpractice case, you're better off contacting a local attorney who specializes in medical malpractice; in some cases, you may even get an attorney who specializes in your particular complaint, such as mesothelioma caused by careless asbestos exposure.

When you contact an attorney who specializes in medical malpractice, be aware that if you have a legitimate complaint, in general, these attorneys will not charge you up front. Instead, you'll meet with an attorney for an initial free consultation. If your case has merit, the attorney takes on your case for a percentage of your award, usually 30%. At that point, the plaintiff (you) and defendant (medical professional or organization in question) engage in the legal process via their attorneys, usually, including discovery, depositions, et cetera. If a settlement is agreed upon before trial, your case will settle out of court. If settlement is not agreed upon and you as the plaintiff do not drop charges against the defendant or the case is not otherwise dismissed, the case goes to trial and is decided by either a judge or jury.

The majority of cases that have merit are settled out of court, but if you do not bring charges against the medical professional, this is by no means an automatic thing. In other words, if you do not file charges, there is no settlement to be made.

When you look for medical malpractice attorney, look for someone with trial experience. This is because you will want an attorney who knows what he or she is doing such that you will go to trial if an agreeable settlement is not reached. You don't want an attorney who has never been to trial and is afraid to do so.

If you follow the above tips, you should find a good medical malpractice attorney for your needs provided you have a solid case with legitimate complaints. It should be noted that because medical malpractice is one area in which so-called "plaintiffs" who want to reap monetary rewards have filed false complaints to great degree in recent years, you are going to have to prove your case with documentation and proper records to any attorney who sees you. Nonetheless, if you have a legitimate complaint, you should be able to file and receive proper compensation in return.
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