Medical
Malpractice
Medical malpractice is one of the most
challenging areas of law. Lawyers who specialize in
medical malpractice are the only attorneys with any hope
of understanding the complex biological, chemical, and
genetic systems that can contribute to birth injuries,
surgical malpractice, and misdiagnosis.
Let’s face it, doctors spend at least
seven years in school getting the basics, and usually
spend another three to ten years learning their
specialty. If your medical malpractice lawyer doesn’t
have dozens of medical malpractice cases under their
belt, they have almost no hope of understanding the
underlying medical facts of your legal case.
Many personal injury lawyers also
advertise for medical malpractice cases. The reality is
that personal injury and medical malpractice law have a
great deal in common.
First, both personal injury and
malpractice claims require a lawyer to accept that that
they will not make a penny unless they win or settle a
case. While settlement can be relatively fast (weeks or
months), winning a personal injury or medical
malpractice case at trial usually requires an attorney
to spend years, and tens of thousands of dollars,
working through the legal system.
Second, when an individual who has
been the victim of personal injury or medical
malpractice hires a lawyer, it’s usually because they
are unable to work and/or pay their mounting
legal/medical bills. As a result, medical malpractice
and personal injury victims are often motivated to
settle cases quickly to cover medical care and lost
wages. Insurance companies always exploit this
short-term need.
Finally, medical malpractice and
personal injury victims are normally up against
insurance companies. The medical practice that caused
harm, or the business where you were injured, is only
the named defendant in a legal case. Their insurance
companies are the ones making the decisions about when
to settle and when to wait it out. Unfortunately,
insurance companies have very deep pockets, full time
lawyers on staff, and the patience and experience to
wait it out.
As a result of all of the above, you
need to be particularly careful when selecting a lawyer
to present your case after you or your family has been
the victim of medical malpractice. While there are many
personal injury lawyers who have demonstrable success,
there are very few medical malpractice lawyers who have
the time, money, and experience needed to help you
prevail.
Victims of birth injuries often
require expensive medical care for life, victims of
surgical malpractice too often die, and malpractice by
misdiagnosis is epidemic. If you or a loved one has been
the victim of medical malpractice, you need a lawyer
with the experience, access to expert witnesses, and
patience/trial experience to get the insurance companies
to stand up and take notice.
An experienced medical malpractice
lawyer, who has beaten insurance companies at trial,
offers both your best chance for a fair settlement, and
the best hope for success in the long term. If you end
up in worse condition after seeing a doctor, get a
second medical opinion. By the same token, if you
suspect that you have been the victim of medical
malpractice, you should talk to at least several
lawyers. John Loeschen is a Roanoke VA Medical
Malpractice Lawyer who specializes in medical
malpractice, a lawyer who has the resources to wait out
the legal system and insurance companies, and one that
has a track record of success with the complexities of
medical law.
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