You may believe hiring a lawyer for your medical malpractice claim costs too much. However, handling your medical malpractice claim on your own may cost you much more in the long run. For one, medical malpractice often involves highly technical, legal, and scientific matters that you must master to convince an insurance company, jury, or judge that your injury results from medical malpractice. You risk losing your claim when you cannot convince an insurance company and its representatives or jury that a medical professional owes you compensation. Secondly, a judge holds you to the same standards as an attorney when you represent yourself. You must know what to do in a court of law. You might want to reconsider representing yourself in a medical malpractice action for these leading reasons and others.
Valuable Ways a Medical Malpractice Lawyer can Benefit Your Claim
#1 Avoid Accepting a Lower Settlement than You Deserve
Perhaps an insurance company convinced you to settle your medical malpractice claim without an attorney. They may have offered you extra money to resolve your claim yourself. However, you should know that insurance representatives exist to save insurance companies money. With that in mind, understand that a settlement offer from an insurance company will typically benefit the company more than you. You need to know what you are entitled to receive from a medical malpractice claim so you do not sell yourself short and leave yourself without sufficient funds to cover future medical and financial needs. Knowing the value of a claim is only one feature of professional legal expertise.
#2 Stand Strong Against Insurance Company Tactics
An insurance company will likely avoid bullying an attorney into settling your claim because an attorney knows the value of a case. They understand the law governing medical negligence and how to prove liability and damages, so they are not disadvantaged when negotiating with hospitals, insurance companies, and medical practitioners. They know what it takes to establish a claim and prepare a case accordingly.
#3 Gather Necessary Evidence to Prove Your Case
The daunting task of gathering proof—medical records, expert opinions, billing statements, hospital protocols, and more—may be overwhelming for someone unfamiliar with how best to construct a medical malpractice claim. Without proof, you cannot recover your losses due to a healthcare provider’s negligence. You must provide evidence of negligent medical practice and each item you claim as a loss. That may entail contacting medical billing offices, hospitals, doctors, insurance companies, and various departments in other healthcare facilities. To do so, you may need to make formal written requests or issue subpoenas.
#4 Handle the Work of the Legal Process
The legwork in preparing a medical malpractice claim can be strenuous and stressful, especially if you suffer from a long-term injury. You must have the stamina to investigate your claim and stick it out, as insurance companies are in no hurry to pay. The process can take years. You want a professional to handle your medical malpractice case to save yourself from further harm, possible exhaustion, and overwhelming feelings. More importantly, an insurance adjuster or defense attorney may raise doubts about the extent of your injuries when you can prepare a medical malpractice claim.
#5 Know How Courtroom Proceedings Work
You may jeopardize your settlement potential or jury verdict by representing yourself. Being your own lawyer is time-consuming. If you are unfamiliar with courtroom proceedings’ laws, rules, procedures, and practices, you must learn them to prove your claim. Otherwise, you risk causing delay, sanctions, or a dismissal of your claim. First, you must know the laws and rules about evaluating and filing a medical malpractice lawsuit. Special rules for this type of lawsuit include an affidavit of merit from a medical expert regarding your claim’s validity and many deadlines to file your complaint and subsequent documents. Additionally, you must locate and name all defendants responsible for your injury in your lawsuit.
#6 Interview Witnesses and Conduct Depositions
Even before you get to the courtroom, you must know how to interview witnesses or take their deposition, conduct other discovery, and file motions with the court. You must know how to examine witnesses on the stand and conduct yourself in a courtroom. Formulating the right questions to ask defendants and objections to the defense attorneys’ questions is crucial to your success. You must know the rules of evidence to ensure that a jury sees only relevant and qualified evidence.
#7 Satisfy All Critical Aspects of a Successful Case
Finally, a medical malpractice lawsuit is not simple and rarely straightforward. Complex legal questions surrounding the elements of medical negligence, like duty, breach, causation, and damages, can be tricky. A plaintiff must prove a medical professional’s substandard medical practice directly caused their injuries. Thus, you must establish the standard of medical care required of the medical practitioner, which is situational, for example, what a physician of equal education and experience would have done under the same circumstances. The defense will bring in medical experts to counter your experts on the appropriate standard of care. You must know how to cross-examine medical experts.
#Prevent Mistakes that Could Cost You
Although you have the right to redress the wrongs of others who harmed you in a court of law, you should think twice about representing yourself when so much is riding on the outcome. Medical malpractice actions typically involve costly damages, sometimes in the millions, so you want to avoid making mistakes. Medical malpractice lawyers study the law continuously from law school to the practice of law because laws change. They must keep up with the laws and rules of the court.
Why Choose Fronzuto Law Group to Assist with Your Case
At Fronzuto Law Group, our medical malpractice attorneys have specialized knowledge about the legal practices and procedures involved in medical negligence claims from our extensive study and experience. We investigate and build cases that may take years to resolve by settlement or trial. Thus, we have the patience, stamina, and concentrated knowledge and skill to deal with insurance companies, hospital administrators, medical professionals, defense attorneys, and judges. Since our practice requires medical knowledge, we become familiar with the science, standards of care, and experts’ qualifications on complicated medical procedures and practices. Our legal team consults with a far-reaching network of medical experts who assist us with validating and bolstering our clients’ claims against healthcare practitioners who cause harm through their negligent conduct.
With years of research and practice, our accomplished firm of New Jersey medical malpractice lawyers have what it takes to handle your claim from start to finish. In that way, you can focus on your recovery as you rest-assured that your legal matter is in good hands. In your initial consultation, you can ask questions about your role in the legal process and how we can take the burden of seeking much-deserved compensation off your shoulders. For a free case review and consultation about your case, contact Fronzuto Law Group to connect with our seasoned medical malpractice attorneys today. Call 973-435-4551 or connect with us via our website.
