Medical professionals work in challenging environments, do so to high standards and provide good care. However, there are times when your care may fall below that standard and you suffer a worse outcome due to this neglect.
If you are considering filing a clinical malpractice claim, you may be feeling lost, not knowing where to start or even not knowing if you want to file a claim. This article looks at the five key questions to ask yourself before starting a clinical malpractice case, to understand if you’re ready to do so.
Are you prepared to go to court if necessary?
Most clinical malpractice claims will be settled out of court. Statistically speaking, less than 5% of cases end in a full trial in court. However, it is not uncommon for legal proceedings to be initiated.
Regardless of whether you think you will end up in court or settle before your trial date arrives, you should always mentally prepare yourself to attend court. You should also always conduct yourself and your claim with the idea that everything you say or do about your case can be seen by a judge.
Ask yourself, are you ready to go to court? Are you willing to take an oath and testify in court? Are you ready to stand before a judge and answer his questions? Otherwise, that doesn’t mean you shouldn’t start a claim, but you should let your lawyer know about it and follow their advice.
Ready to answer sensitive questions about your medical treatment?
Like the previous one, this question is about your personal comfort levels and what you are or are not willing to do.
Your attorney must play devil’s advocate at times to predict what the defendant’s arguments will be. Which means that there will be times when they will ask you uncomfortable questions or that can make you feel like they are against you. They are doing this to be as prepared as possible to counter the defendant’s arguments.
For example, if your attorney expects the defendant to argue that you did not raise your concerns about your treatment with your doctor, then they will ask you questions such as “why did you wait six months to raise your concerns?” “Why did he keep letting Dr. X treat him if he didn’t trust them?” “Why didn’t you get a second opinion?” “Why did you wait until X, Y, Z happened before you acted?” They are not accusing you of bad judgment or misbehavior; they are trying to destroy the defendant’s argument.
Are you fully recovered?
It is best to be fully recovered before starting a claim as it will make your injury easier to value i.e. it will put a dollar figure on your injury/delayed recovery etc. It is also commonly accepted that filing a claim can be stressful for some, and if you think you are likely to find filing a claim stressful, then stress will not help your health. It may be in your best interest to wait a few months or weeks until your health has improved enough that you can handle it.
You have three years to file a claim; this term starts from the date she became aware that he was negligent. This is the Date of Knowledge, and it means that there is time for you to recover as much as possible before filing a claim.
Although it is not advisable to wait until the three-year term is almost over. However, it is advisable to ensure that you have fully recovered, or if not fully, to a high degree, before filing a claim. If you plan to use an attorney to file your clinical malpractice claim, then it would be reasonable to approach them at least six months before the three-year deadline to have them review your case.
Are you in time to file a claim?
Following on from the above, you need to make sure you are on time to file a claim. As stated above, you have three years from the date you became aware that she was negligent in doing so. If you don’t have time, it is unlikely that you will be able to file a claim as it will be time-barred.
Although, in some rare circumstances, the Courts may allow you to go ahead even if you are out of time.
What financing options are available?
Most clinical malpractice claims can be handled by an attorney under a No Win No Fee Agreement. Under this type of settlement, if you are successful, a portion of your compensation will go toward paying your attorney’s legal fees. This is limited to 25% of your compensation. By law, an attorney cannot collect more than 25% of compensation from her. However, he may be able to negotiate a lower percentage with his attorney.
Under a No Win No Fee agreement, if you are unsuccessful, you will not pay any legal fees. But you may still be responsible for any costs your attorney may have had to pay on your behalf. Disbursements include a fee to obtain your medical records, medical expert fees, court fees, etc. Your attorney should obtain insurance to protect you from having to pay these costs if you are unsuccessful.
There are other financing options available; You may be able to fund your claim using pre-existing legal coverage in your home and contents insurance or auto insurance. You should check your insurance policies to see if you have this type of coverage. There are benefits to using pre-existing insurance policies to pay claims, as some insurance providers will allow you to keep 100% of your compensation. However, there are downsides, as it is unlikely that you will be able to choose your attorney, you will be using an attorney chosen by the insurance company and dealing with them over the phone and email, it is unlikely that you will. never meet them face to face.
conclusion
You should carefully consider all of the above questions before approaching an attorney about your clinical malpractice claim. Filing a claim is a long process and can be laborious at times. Some will find the process stressful and may struggle with it, but giving the process due consideration, educating an attorney, and following their advice will make things much easier for you.