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Medical negligence is frighteningly common in Australia. According to NIH, Every year, medical errors cause over 50,000 patients to become crippled and up to 18,000 avoidable deaths in Australia. Medical error causes 1,000,000 avoidable injuries and at least 44,000 (perhaps as many as 98,000) unnecessary deaths annually in the United States.
You should seek legal advice if a healthcare provider made a mistake that affected you. Using this guidance to select a medical negligence attorney Conrad Curry will enable you to locate the greatest representation to assist you in obtaining damages throughout the civil litigation process.
Read More: How to Get into Medical Negligence Law
Contents
Why You Need a Medical Negligence Lawyer
You need a medical negligence lawyer in Australia for many reasons, including the following.
1. Your Attorney Helps You Determine If You Have a Case
Making a claim for medical negligence can be challenging since it can be difficult to determine exactly what standard of care a particular healthcare provider ought to have given you. Demonstrating that a caregiver’s negligence directly resulted in your suffering and for which you should receive compensation can be considerably more difficult.
You can evaluate the strength of your claim and your chances of winning a civil action under the laws of your state with the assistance of an attorney.
Your Lawyer Helps You Gather Evidence
Your medical records will be obtained by your attorney so that you can begin assembling a claim. Your attorney has access to expert witnesses who can examine those documents, point out any shortcomings on the part of your caretakers, and demonstrate how their mistakes caused you harm.
Your Medical Negligence Lawyer Help You Identify Defendants
Finding every possible defendant is another service your medical negligence attorney provides. For instance, a hospital might be a defendant in your case on the theory of vicarious liability and have greater insurance and financial resources than your doctor.
It is the responsibility of your attorney to track down everyone who may be held legally responsible for your injuries and to help you navigate the process of getting the most money possible with the least amount of expense and worry on your part.
Your Lawyer Negotiates on Your Behalf or Presents Your Case in Court
Medical malpractice insurers for physicians are skilled negotiators who aim to pay out the least amount of money possible. Your attorney assists you in trying to avoid going to court by effectively negotiating a favorable settlement.
Your lawyer also helps you file your claim within the statute of limitations and makes a compelling case to persuade the court to agree with you and award you damages if a trial is required.
Tips for Finding the Right Medical Negligence Lawyer
To win a tort lawsuit and receive the money you are entitled to, you must choose the best medical negligence attorney.
It’s accurate to say that many states have made it more challenging to file a medical negligence lawsuit as a result of “tort reform” initiatives meant to reduce healthcare expenses.
You need a lawyer who can explain the evidence to a court or jury in a way that someone without a medical degree can understand because many medical malpractice cases are the result of complicated circumstances.
You need some guidance on what to search for and a shortlist of attorneys to speak with before you begin the process of selecting your medical negligence lawyer. These three essential pointers should be helpful.
1. Ask People You Trust for Referrals
You should start by asking for recommendations from attorneys you have already dealt with, as they may be a fantastic source of references. A lot of people have experience with lawyers from things like divorce, estate planning, and real estate closings.
The attorneys you know and trust may be able to recommend to you other attorneys who are highly skilled in the area of medical negligence. Given the prevalence of medical errors, friends, relatives, and other people in your network may also know of attorneys who have successfully handled cases involving medical negligence.
Professional associations and institutions, such as Conrad Curry, also keep databases of competent attorneys and provide referrals. Compile a list of potential medical negligence lawyers by taking into account each of these choices.
2. Understand the Fee Structure up Front
Most medical malpractice attorneys take cases on a contingency fee basis, meaning that their costs are only paid if your case is successful. Generally, when you sign a contingent fee agreement, you give the attorney a portion of the money you end up recovering.
However, you should be aware that the process of filing a medical malpractice claim may result in significant legal expenses. Since expert evidence is frequently crucial in malpractice cases and experts charge fees to analyze your records and consult on your case, these costs may be larger than those associated with other types of damage claims.
Even if you lose your lawsuit, some businesses and attorneys demand that you pay actual costs, such as expert fees and legal travel expenses.
3. Make Sure Your Lawyer Has Handled Similar Cases
Medical negligence can take many different forms, such as delayed diagnosis, incorrect treatment, failure to obtain informed consent, birth injuries, and careless mistakes like ordering the wrong test or neglecting to send your results on time.
A lawyer experienced in the particular kind of medical malpractice you have suffered from is what you need. Additionally, you should confirm that your lawyer is experienced in settling cases outside of court by negotiating with medical malpractice insurance, but that they are also ready to proceed to trial if required. Although many cases do resolve, there’s no assurance that yours will. No matter what stages are involved in resolving your case, you need an attorney ready to assist you.
Read More: Hospital Negligence: Common Iterations of a Claim
How to Interview a Medical Negligence Lawyer
There are a few important questions you should ask any medical negligence attorney you speak with. More specifically, you should confirm that your lawyer has the necessary experience and a history of winning courtroom trials or successfully resolving matters.
Find out if your attorney will handle your case directly, or if they will delegate it to associates or paralegals. Additionally, make sure your lawyer speaks to you in a language you can understand and that you feel comfortable disclosing to them personal information about the mishandled medical treatment you had and the harm it caused.
The main objective is to ensure that you will be able to collaborate with your attorney in the upcoming weeks, months, or even years as you go through the legal system to get the compensation you are entitled to in cases where a medical care provider has injured you.