where can i get a lawyer to take my medical malpractice case

by Gerda Anderson 5 min read

Full Answer

Who is the best medical malpractice attorney?

Top Rated Medical Malpractice Lawyers in Pittsburgh, PA

  • Joshua P. Geist. Assisting people in Pittsburgh with their Pennsylvania medical malpractice issues.
  • Benjamin W. Schweers. Experienced, assertive medical malpractice representation in the Pittsburgh, PA area.
  • Bernard R. Rizza. ...
  • Neil R. Rosen. ...
  • Thomas B. Anderson. ...
  • Jon R. Perry. ...
  • Jason E. Luckasevic. ...
  • William F. Goodrich. ...
  • Peter D. Giglione. ...
  • Brendan B. Lupetin. ...

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How do you become a medical malpractice attorney?

What to look for when hiring a medical malpractice lawyer?

  • first check how long they’ve practiced.
  • make sure to check their track record.
  • Their Bar Association Standing.
  • Testimonials.
  • Their Fees.
  • Their Network.
  • Your Gut Feeling. ABPLA Board Certified medical malpractice attorneys are among the best medical malpractice attorneys in the country. ...

How to choose a medical malpractice attorney?

Some of the major types of medical armistice cases are:

  • Personal injury
  • Medical Negligence
  • Birth injuries
  • Death
  • Misdiagnosis

How do you sue an attorney for malpractice?

To win a malpractice case against an attorney, you must prove four basic things:

  • duty -- that the attorney owed you a duty to act properly
  • breach -- that the attorney breached the duty: she was negligent, she made a mistake, or she did not do what she agreed to do
  • causation -- that this conduct hurt you financially, and
  • damages -- that you suffered financial losses as a result.

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What can a medical malpractice attorney do?

If you were injured during or as a result of a medical treatment and believe that you have a claim, a medical malpractice attorney can help you seek compensation. Here’s what you need to do:

How to find a medical malpractice lawyer?

Begin by creating a short list of local medical malpractice lawyers who represent injury victims. Then, narrow down the selection based on their qualifications and expertise.

What is the statute of limitations for medical malpractice?

The statute of limitations determines how long you have to file a lawsuit. Deadlines for medical malpractice lawsuits differ in each state and can be dependent either on when the injury occurred or was first discovered. The statutes of limitations in three of the nation’s most populous states show how these laws vary: ...

What to do if you receive substandard care?

If you received substandard medical care, you may be able to reach a solution by working with the health care provider or filing a complaint with your state’s medical licensing board. Here are a few options to pursue before you consult an attorney or file a lawsuit.

How long do you have to file a post injury lawsuit in California?

New York claims must be filed within 30 months of an injury-causing event. Texas plaintiffs have two years to file a post-injury lawsuit.

How long does the statute of limitations last for minors?

There are several exceptions, including continuing treatment situations, discovery after the statute tolls, and a 10-year maximum limit. For minors, the statute of limitations may only begin once the person reaches majority age.

Is medical malpractice a complex area?

Medical malpractice is a complex area, and not every personal injury attorney is capable of successfully litigating these claims. To give yourself the best chance for success, hire an experienced professional with a long case history and a strong track record.

How to find a good medical malpractice lawyer?

Perhaps the best way to find a good medical malpractice lawyer is to ask a lawyer who you already know and trust to recommend one. Most lawyers have long contacts lists, gleaned from years of litigation and lawyer-to-lawyer networking. If you don't know any lawyers, but have a close friend or relative that has used a lawyer, ...

What happens if you can't find a medical expert witness?

If you have a medical malpractice case and cannot find a qualified medical expert witness to give an opinion that the defendant was negligent, your case will almost surely be dismissed. Experienced medical malpractice lawyers know how to find a medical expert in any specialty.

Is medical malpractice a rare specialty?

But medical malpractice is a relatively rare specialty. If you think you have a legitimate medical malpractice case, how do you find the right lawyer?

The Elements of a Medical Malpractice Case

To have a valid malpractice claim, you must show that the medical professional or facility met certain standards.

Choosing a Medical Malpractice Attorney

Medical malpractice covers several types of injuries. The medical malpractice attorney you retain should have experience in handling cases like yours. While the difference in types of cases is minimal, it could affect your case if your attorney does not have experience handling those cases.

Damages You Could Recover Because of a Medical Malpractice Incident

After a medical malpractice incident, you could recover damages in the form of compensation, including economic damages, non-economic damages, and punitive damages.

How Do I Pay Medical Expenses Until I Win a Settlement or a Trial Award?

From the time of the incident through the time of settlement or a trial award, you are probably out of work and worried about paying your bills, never mind medical expenses. But, you cannot stop seeing the doctors who are trying to correct the issues caused by a negligent medical professional.

How Do I Pay a Medical Malpractice Attorney?

Personal injury attorneys generally work on a contingency basis, which means they do not get paid unless you win your case. You are already worried about putting food on the table and keeping a roof over your head. While you are recovering, you should not have to worry about paying an attorney to help you recover the compensation you deserve.

The Statute of Limitations for Medical Malpractice

Each state has a statute of limitations—a law that tells you how long you have to file a case against the defendant. While two or more years seems like a long time, it is not. Most people attempt to settle first. Additionally, your attorney needs time to gather evidence to present to a negligent doctor’s insurance for settlement purposes.

Contact a Medical Malpractice Attorney

If the negligence or gross negligence of a medical professional injured you, contact a medical malpractice attorney for a free case evaluation.

What is a breach of duty?

The Breach of Duty by the Medical Professional. It must be shown that the medical professional (Doctor, Nurse, Physical Therapist, etc.) deviated from the accepted standard of practice. Sometimes this is clear, such as an instrument left inside a patient or a procedure performed on the wrong part of the body.

What is the second round of a case?

If an attorney believes, based on the factors above, that there may be a case worth bringing, you are into the second round.  The attorney will agree to investigate your case, to see if the evidence substantiates the claims. Step One. The attorney will request your medical records and review them. Step Two.

What is the least important factor in a criminal case?

This is the least important factor, but sometimes comes into play. If the client is a drug abuser or felon, the jury may not take them seriously, and come back with a defendant’s verdict, even if their status has nothing to do with the malpractice.

Can malpractice cause anaphylactic shock?

It must be shown that the malpractice actually caused the injury.  Sometimes this is clear, such an an instrument left inside a patient causing an infection or prescribing penicillin to somebody that is allergic, causing anaphylactic shock.

Is wrongful death based on life expectancy?

Damages for “wrongful death” are based on the life expectancy of the person and their future earning capacity, so for persons over 80, it is usually not possible, as the cost of the litigation will be greater than the damages. Assessment of the Client. This is the least important factor, but sometimes comes into play.

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