Do You Need a Medical Malpractice Attorney?

You deserve the best possible medical treatment. If your healthcare providers fail to live up to that standard, you may have to take legal action. It’s a good idea to consult an attorney if you’ve been injured or otherwise mistreated while under medical care.

There’s a difference between negligence and incompetence. However, it can be hard to distinguish between the two if you’re not experienced with medicine or the law. That’s why it’s such a good idea to speak with an expert.

According to Ronald J. Resmini, a medical malpractice attorney in Rhode Island: “Medical malpractice can be extraordinarily complicated and expensive. Many different parties are likely involved, and finding out who is liable in a medical malpractice case can become difficult due to the complicated laws surrounding malpractice.”

A lawyer will be able to navigate the tricky parts of the law.

What Does an Attorney Do? 

When you’re going up against a hospital or doctor, you need someone fighting on your side. You can try to negotiate a settlement on your own, but you likely won’t get as much as you could have gotten. Big institutions are used to bullying the little guy.

Having an attorney gives you a bit of firepower. You may be able to skip going to court. People are often more inclined to settle when there’s an attorney involved.

You don’t need to have a lot of money. Many medical malpractice attorneys will agree to only accept payment if they win your case. Then you’ll pay them with a percentage of your settlement or court deal.

You should take the time to find a respectable, well-regarded attorney. Or, if you decide to go with someone who’s just starting out, at least make sure that they have a good grasp on your case. A bad lawyer is worse than not having one at all.

Medical Malpractice 

Medical malpractice involves mistakes and negligence on your healthcare provider’s part. Unfortunately, an undesirable result sometimes happens in medicine. You or someone you love may suffer from catastrophic injuries or an incurable disease. Or you might try an experimental medication and it doesn’t work out.

It’s not medical malpractice just because the patient never regains or health or passes away. However, if the doctor failed to explain the risks of the treatment, that could count as malpractice.

There has to be considerable damage. Simply desiring that your doctor had a better manner or was a better is not enough. That’s because physicians need to have the freedom act without worrying about being sued at every step. Some medical treatments only have a small chance of working.

A 2009 review found that: “The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages. This includes doing nothing when they should have done something. This may be considered an act of omission or a negligence.”

During your consultation, you can discuss all of your potential options. Keep track of everything. Medical records, doctor’s notes, etc. Your case will be easier to prove if you have documentation. The hospital has to give you your records even if you’re planning on suing.

Protect Yourself

Your health is the most important things in your life. Medical providers have a very important role in society. That’s why they need to be held accountable. If they a doctor behaves negligently, someone might die.

When you decide to file a lawsuit, your ultimate goal is to protect yourself. The damage may already be done. But you deserve compensation.

It’s a tough battle. Court cases can drag on for years. However, that’s the benefit of hiring a lawyer. It’s their job to do the hard work. As long as you have a side to fight for, your attorney will be right beside you.

Your best option is to speak with one or two attorneys. Try to get a feel for their work ethic and if you’re comfortable with them. Your attorney is someone who you’re going to have work closely with, potentially for a very long time.

A medical disaster can change the course of your life. But it doesn’t have to ruin it. You CAN move forward, even if it seems impossible. You just need to take the steps to do so.

This is a guest blog entry.