Sunday, August 8, 2010

Who are the malpractice lawyers?


One of the most specific fields in law is the medical malpractice. Most of the malpractice attorneys handle surgical errors, birth trauma, cancer misdiagnosis, and some narrow areas in medical negligence. The only way to find the best lawyer to handle your case it check on the specialty of the lawyers especially if the case too technical.

When you consult the attorneys, it would be helpful if you are going to provide them some copies or any documents and records related to your case. They will evaluate your documents and they will give you some advice on what steps to make. It would also help if you know what questions you need to ask them.

Here are some of the questions that you may want to ask when you meet them.

1. How many cases have you handled and taken to trial?

2. How long have you been handling cases in malpractice?

3. How do you update yourself in various medical issues?

4. Do you have enough financial resources in case my case has to be taken to trial?

5. What are your bases of finding medical experts for the malpractice cases you handled?

Mostly, the malpractice attorneys accept their cases on contingency basis. What is contingency basis? On the contingency basis, the attorney's fee is the percentage of the total amount claimed by the plaintiff from the negligent party. Usually, the attorneys receive one third of the settlement - after all the fees and costs are deducted.

Attorneys handling malpractice cases do not usually take it on a retained basis. When we say retained basis, it means that the client will pay the lawyer's fee and other costs but will totally receive the entire settlement after winning the case. There are some clients who can afford that option. But for the plaintiffs who have limited financial resources, they will go for the contingency basis. This is commonly known as the 'no win no fee' agreement.

You have to remember that cases in malpractice are difficult and really expensive. This means that attorneys will not automatically accept your case. They also have to make sure that the cases they are going to handle have more chances in winning. Just prepare yourself if your attorney will turn down your case. If this happens, never hesitate to ask for a referral so that you can look for another attorney to handle your case.

The initial acceptance of malpractice attorneys is based on a scrupulous investigation and review of your medical diagnosis and records. You have to provide the names of the doctors who attend to you so that your attorney can coordinate with them in case he has some clarifications and questions to ask. It is also helpful that you share to your lawyer you medical condition even if they are not related to your case. He might find something useful or cause in that previous illness that triggered your disease.

The investigation is very important because this will be the point where the attorney has to decide on whether or not to accept your case. The documents, medical records, and your testimonies will merit the acceptance of your case. It means that you have a chance to win your case.








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