Common Questions to Ask a Medical Malpractice Lawyer

Medical malpractice | August 14, 2020

Questions to Ask Your Medical Malpractice LawyerIf you or somebody you care about has been injured due to the careless or negligent actions of a medical professional, it may be necessary to seek assistance from a medical malpractice lawyer to secure the compensation you need. Medical mistakes are the third leading cause of death in the United States, according to researchers at Johns Hopkins University. Here, we want to discuss some of the common questions to ask your medical malpractice lawyer.

Do I Have A Medical Malpractice Case?

A skilled and experienced Chicago medical malpractice attorney will be able to help determine whether or not you have a valid case to move forward with. There are various elements that are required for a successful medical malpractice case, including showing that the alleged negligent medical provider breached the duty of care that they owed to their patient.

This is not always easy to prove, as not all mistakes made by medical providers rise to the level of medical malpractice. In these cases, your attorney will examine whether or not a similarly trained medical professional would have provided the same treatment given a similar set of circumstances.

How Do You Handle Your Medical Malpractice Cases?

Ask any potential medical malpractice lawyer you are thinking of hiring how they handle their cases. Ask them if your case will be handled by a single attorney or multiple attorneys. Some firms allow legal assistants or paralegals to handle much of the case, so ask if your attorney does this. Find out whether you, the client, will have access to your attorney to ask any questions or raise concerns about your case. Communication and transparency are important during ongoing medical malpractice cases.

Should I Talk To The Other Party’s Insurance Carrier?

Talking to the insurance carrier of an alleged negligent medical provider can be a mistake, particularly if any statement you give is recorded. Instead, it is strongly advised that you speak to your attorney before talking to anybody else about your injuries, the circumstances surrounding the mistake, or your recovery.

Your medical malpractice lawyer should be the one to handle any conversations or negotiations on your behalf. The insurance carrier of the at-fault party will have trained legal teams that have one goal – to get you to say something that will justify them denying your claim or reducing the settlement amount.

How Much Do Your Services Cost?

The good news is that most medical malpractice lawyers take these cases on a contingency fee basis. Many victims of medical mistakes are understandably worried about how they will afford an attorney to help with their case. However, when an attorney works on a contingency fee basis, this means that they will charge you no upfront or out-of-pocket costs and that you will owe no legal fees until after you secure the compensation you deserve through a favorable settlement or verdict.

What Is The Time Limit To File An Illinois Medical Malpractice Case?

The statute of limitations for an Illinois medical malpractice case is two years from the date the patient knew or should have known that an injury occured due to a medical error. However, there is an overall statute of limitations of four years from the date that the underlying medical error occurred, regardless of when a patient discovered their injury or illness. For example, if a patient discovers a medical mistake that occurred three years ago caused them, they will not have the full two years to file their lawsuit – they will only have one year due to the overall four-year statute of limitations.

More: Your Guide to Filing a Medical Malpractice Lawsuit