If you or someone close to you has suffered an injury by a doctor, nurse, or someone in the
medical field, you need to call a lawyer immediately. Chances are good that you are going to file a
lawsuit for medical malpractice. A personal injury lawyer is what you need.
Personal injury attorneys will come and get your case started while you are in the hospital. They
want to get your case started as soon as possible. There is no reason for you to suffer any longer
than you already have.
A lawyer can determine whether your case is strong from the first meeting with the client. If it is
not, the client must be informed immediately. In some states, it is common for the lawyer to meet
with a qualified doctor to decide whether the case has any validity.
True medical malpractice consists of negligent conduct that causes damage. Sometimes there may be
true "malpractice" but no residual damage. These are not strong cases.
Juries usually favor cases that show lifetime damage. Matters of opinion are not considered. If
there is no permanent damage involved usually there is no case.
Most cases of medical malpractice are taken on a fee basis. The fees are paid after the case is
closed. The fees are generally between 33 1 / 3 to 50%.
Medical malpractice attorneys will usually tell you that no offers will be made until after your
lawsuit has been filed and all of the requested depositions have been taken. Most medical
malpractice lawsuits will go to trial through the discovery process before there is a court
trial.
Most personal injury lawyers offer a sliding scale of fees. If this is the case the amount that the
lawyer requests depends on how the case advances. For example, if your case goes to trial, the
lawyer gets 40% and if it goes to appeal when he is 50%.
Some states have statutes capping fees in medical malpractice trial. These charges are a matter
between you and your lawyer. All costs must be agreed with a contract before the case is started.
Some states will let a lawyer offer advance fees to his client. This is a good will deed on behalf
of the attorney that understands how badly his client has suffered. The lawyer will also pay the
usual expenses of investigation and litigation.
