Medical malpractice is one of the leading causes of death in the US every year. We would all like to think that we’re safe in the hands of our doctors and medical providers, but that’s not always the case. If you or a loved one has been injured due to the negligence of a healthcare professional, it’s important to speak with an experienced medical malpractice lawyer as soon as possible.
Medical malpractice cases are complex and demanding – and the victims have a limited time to hold the at-fault parties responsible. However, finding a lawyer to represent your claim should be done with careful consideration.
When hiring a medical malpractice lawyer, there are several questions that you should ask potential candidates. The answers they provide will help you find the best advocate for your case. Here are some questions to ask when looking for a medical malpractice lawyer.
Do I Have a Valid Case?
One of the first questions to ask a medical malpractice lawyer is whether they believe your claim is valid. An experienced attorney will listen to the facts of your case and let you know the potential opportunities and drawbacks. Medical malpractice claims are notoriously complex and require extensive evidence of negligence. Even if you are convinced that your case is solid, there may be underlying reasons why it wouldn’t succeed in court and an expert lawyer can help you understand why.
Does Your Firm Have Experience Handling Medical Malpractices Cases Like Mine?
Medical malpractice covers all forms of negligence in the medical arena. You will want to work with someone who not only practices in medical malpractice law but has ample experience and a track record of success with your particular type of medical injury. A lawyer may have extensive experience with birth injury cases, but not much experience with cancer misdiagnosis. Asking prospective lawyers where their expertise lies will help guide your decision. You may also want to ask the law firm if they have worked on any notable medical malpractice cases and the results of those lawsuits.
How Do I Know If My Doctor Was At Fault?
Determining who is responsible for your injuries will depend on the specific facts of your case. A medical malpractice lawyer will review medical records and witness reports, as well as work with medical experts to evaluate the quality of care you received. Ultimately, the court would rule on which parties are responsible for your injuries.
Do You Have Access to Medical Experts?
An experienced medical malpractice lawyer will have a built-up network of medical professionals, expert witnesses, and access to data and technology that can aid in demonstrating the validity of your claim. Medical experts can help interpret medical charts, are familiar with the latest medical research and technology, and can scrutinize the opinions and actions of other medical practitioners. Expert witnesses are key in digesting medical knowledge and presenting it in a palatable and meaningful way for the court.
What Timeframe Do You Have to Work on My Case?
During your consultation, you should ask the law firm about the Statute of Limitations that apply to your specific case. In California, the general deadline for filing a medical malpractice claim is three years after the injury occurs or one year after the discovery or detection of the injury. However, there are a number of exceptions that can apply to various situations including the age of the plaintiff. The Statute of Limitations only sets the deadline for filing a claim, not completing the case. Confirming that the lawyer has the time and resources to file your claim within the timeframe of the statutes is very important, as your case will not be considered in court should the deadline pass.
Do You Have the Financial Resources Needed to Pursue My Case?
Medical malpractice cases are expensive and lengthy. Law firms must cover upfront costs such as gathering medical reports, hiring experts, preparing evidence, and other associated court costs. It’s important to work with an established medical malpractice firm that has the resources needed to take on the case and potentially take your case to court and even uphold the case on appeal.
Contact Bostwick & Peterson Medical Malpractice Attorneys
Medical malpractice cases are complex and stressful. If you have additional questions about a medical malpractice case, our experienced lawyers at Bostwick & Peterson offer more information to commonly asked questions here.
If you or a loved one has been injured because of improper medical care, it is important to take the right steps to protect your interests and hold the at-fault party responsible. Do not hesitate to contact the award-winning medical malpractice team at Bostwick & Peterson. Our lawyers are some of the most recognized in California for complex medical malpractice injuries and have recovered more than $1 billion for our clients across the state.
To schedule a consultation, call (888) 831-8448 or use our online contact form.