- Just what is fact?
- And then what is fiction?
Now who hasn’t heard any of the jokes and clever quips that are based off many of the all too common beliefs about lawyers in general. Then when it comes to medical malpractice lawyers it gets even worse. “Ambulance chasers who will rush to file a suit even over something as minor a broken fingernail”.
Sure it’s all funny until you or a loved one is injured and then it’s time to put all jokes aside, and separate fact from fiction because the statistics on medical injuries are staggering. For instance did you know that one out of every 100 people who enter a hospital for treatment suffer some sort of medical malpractice injury?
Myth #1. They Will Take Any Case and Sue for Any Injury
The fact is that you must be injured to be eligible for compensation, and the severity of your injuries, and the extent that they have effected you determines the amount you receive. What this means is that if your injury is minor, you recovered from it quickly, and you lost little time at work, you have a small case, and they are common.
Of course you’re angry and are deserving of just compensation, but don’t be at all surprised if the real monetary figures you are shown by a medical malpractice lawyer are far less than you had imagined. Also don’t be upset if a lawyer declines your case, because they aren’t a public service and a lawyers reputation can be effected in the local judicial system by filing what are perceived as frivilous cases.
Keep in mind that there’s always small claims court, and before you scoff at the concept there’s a few things you should consider. For instance you don’t have to pay a malpractice lawyers commission, and your case is heard and done with in one day. Then again if your evidence is compelling then who ever it is you file against may simply pay you rather then take the time off for court.
Myth # 2. They’ll Sue Everyone Including the Nurse You Now Call a Friend
The fact is that lawsuits of this nature tend to be very complicated, and can involve more people than you realize. Only after a thorough investigation will a determination be made as to who will be filed against, and quite often the list ends up being larger than the injured party originally thought it would be.
In the end though nothing happens that you don’t approve of, and also there are a few things that you need to consider. For instance all parties targeted in your lawsuit are insured, so it’s the insurance companies that will be contesting your case. Also sometimes it takes filing against a periferal party to get them talking about what they know.
It can be emotionally difficult because the people you encounter in a hospital or clinic are there to help you in your time of need, so bonds happen rather quickly. Even so, there is a difference between a mistake, and negligence, and if someone was intentionally negligent, or has first hand knowledge of it while you were being treated, they should come forward if they’re any type of friend.
Myth #3 Medical Malpractice Lawyers All Settle Quickly
This tends to be one of the most confounding topics for someone who has little to no first hand knowledge of medical malpractice lawsuits. The problem for you, the injured party though is that your lawyer is not there to teach you all the he or she learned in law school, and in courtrooms. Rather they are there to get you relief.
Lawsuits regarding medical issues can drag out for years, and believe it or not there are some going on right now that were filed over a decade ago. Now your lawyer may propose right up front that you take an early settlement, or you may be advised to prepare for a trial then settle on the very morning that the trial is set to initiate. In the end it’s all your decision.
It’s a bazaar, complicated legal chess match that unfolds, and your medical malpractice lawyer will be making moves that you just won’t be aware of. You simply must understand that the goal is not only a maximum award, but a maximum award in a timely manner. Now many cases do make it to trial, but the problem with so many malpractice cases is that all to often the injured party simply can’t wait that long.
Myth #4 They Can Win Any Case As Long As there’s an Injury
You can’t lose track of the fact that in the end the case is all about you and that medical malpractice lawyers represent a client, not a case. What this means is that your behavior, and demeanor factors in heavily with regards to the final outcome if there even is one, and remember that it is a contest which that means one side wins, and the other side loses.
For instance what you may not realize, is that the lawyer who represents you will have to invest some money out of his or her own pocket as your case unfolds. It’s inevitable, and at the very minimum this can include expenses for items like copies of deposition transcripts and reports from experts. On the long end though, things like expert testimony easily run into thousands of dollars per day.
What all this is leading to is any qualified, and experienced lawyer will form an opinion as to how good an investment you look to be, and what they’re looking for is someone who is capable of a solid, long term commitment. You see, the last thing they need is a client who’s lost full use of an arm for instance, yet who is out gulping pain pills and hitting home runs every Sunday for their local softball team.
Myth #5 They Take the Lions Share of Your Final Award or Settlement.
All medical malpractice attorneys are paid on a percentage basis and each state has rules that govern what this percentage is. Now in some states it’s a flat percentage, but in other states like New York they use a sliding scale system. Now the way this sliding scale works, the more money they get you in a settlement, or award they get you the lower the percentage rate they receive.
Even so, there are minimum and maximum figures that govern these types of sliding scale systems, so for instance in New York the sliding scale doesn’t kick in and go lower than 30% unless the award is higher than $250,000, and then it goes to 25%. Then if the award or settlement reaches higher then $500,000, it drops to 20%, but your attorney will explain all of this to you most likely during your initial consultation.
Another thing to to take into account, is that your attorney will be paid back all of the money that he or she spent out of their own pocket prior to calculating their percentage, and in a difficult, drawn out medical malpractice case it can add up to a substantial amount. Particularly in cases that go to trial, and expert witnesses have to be brought in to testify.