Doctors, nurses, and other medical practitioners have a duty to care for you and make sure you remain safe. However, this doesn’t always happen, and occasionally, you might be injured or ill because of a mistake or negligent behavior. In such a situation, you can get in touch with a local Baltimore malpractice lawyer, who will help you gain access to the compensation you need to pay for your ongoing treatment and loss of income. Unfortunately, not every case can be won, and it is sometimes hard to prove that your injuries are the result of a medical professional’s failure. What’s more, a certain level of illness is required, as you won’t be able to receive a lot of compensation if your injuries are minor. For this reason, it can be hard to find a lawyer to take your case. Today, let’s look at some of the things an attorney might consider and how you can maximize your chances.
Will Your Baltimore Malpractice Lawyer Take Your Case?
Some sources estimate that around 90% of medical malpractice cases get rejected by lawyers, either because the evidence isn’t clear enough or because the attorneys don’t expect the compensation to be high enough. But just because you’ve been denied help by another firm doesn’t mean you should try again, as everyone has different criteria and specialties. To figure out whether you’re a good fit, you should always provide as much information as you can about your case. Be honest and upfront about what happened and who was at fault. What’s more, you need to contact an attorney as soon as you’re well enough because there is a statute of limitations. Depending on the likelihood of success, your lawyer might suggest a different billing system.
Choose a Law Firm Specializing in Malpractice and Personal Injuries
General law firms that have many different specializations might be more selective about which cases they accept. Because they have limited resources and a lot of different scenarios to cover, they won’t be able to give you the time and attention you deserve. On the other hand, a firm that specializes in personal injury and malpractice cases is likely to be more open to working with you. They will have a lot of resources related to cases like yours, which means that it will be cheaper and easier for them to represent you. What’s more, they also have access to expert witnesses in the medical field, who will strengthen your case. Check on a potential law firm’s website if they have attorneys specifically working on medical malpractice. If they do, you should get in touch.
Check Previous Cases
Another great indication is whether there are any cases like yours. Most firms will have a “Verdicts & Settlements” page that shows what they have worked on previously. This can give you a better idea of the types of situations they favor and whether yours could fit in. If there are some issues mentioned that are similar to what you are facing, it’s likely that you’ll be accepted, as well.
Provide as Much Evidence as You Can
One of the primary reasons why cases get rejected is that the lawyer doesn’t see enough evidence of medical malpractice. Unless you have proof that the doctor, nurse, or practitioner was at fault or acted in a negligent way, you don’t have a valid case. For this reason, you’re most likely to get accepted if you’ve already done some of the legwork and have proof of malpractice. There could be several ways to demonstrate that the person acted unprofessionally. For example, if they ignored your symptoms and failed to diagnose you with a serious condition, you could use your subsequent diagnosis as evidence. Similarly, cases where an operation went wrong are often more clear-cut because the doctor-patient relationship is evident, and the outcome was almost entirely in the surgeon’s hands.
Demonstrate that You Have Been Injured
The second aspect you’ll have to prove is that you’ve been negatively impacted by what happened. A faulty diagnosis or a treatment that went wrong isn’t automatically a reason for you to receive compensation. Instead, you have to show that you have significant, long-term health problems associated with the incident. Thus, your lawyer is most likely to take on your case if you have a diagnosed condition, are currently working with doctors or a hospital, and can provide evidence like medical bills. Similarly, you need to show how these health concerns affect your life, for example that you can no longer work or that your social life has been impacted.
Be Open and Honest
It’s important to note that you should always be open and honest with your Baltimore malpractice lawyer, as they are here to help you. Not having clear proof doesn’t necessarily mean that they will reject you, so you should let them know where you stand. Even if they end up telling you to look elsewhere, this is better than taking on your case and then not succeeding. If you fail to be honest about your situation, you might spend a lot of money on your lawyer without getting a good outcome at the end. The initial consultation and screening process is there for a reason, and we always have your best interests at heart.
Get in Touch Before the Statute of Limitations
In Maryland, the statute of limitations is very generous for malpractice cases, and you can still file a lawsuit up to five years after your incident, or three years after the discovery of the injury. If the issue occurred more than five years ago, your attorney might not be able to help you out, and they are more likely to reject your case. For this reason, getting in touch as soon as you’re able to makes sense.
Consider Various Types of Billing
The most coveted type of billing is a contingency fee, which means that you don’t pay your lawyer until you have won your case. However, attorneys are extremely selective when taking on such cases because they are incurring significant risk. For this reason, you might have a better chance if you’re able and willing to accept a different type of billing system. For example, your attorney might charge you by the hour, or there could be a flat fee for the entire case. Being open to a variety of fee structures will make it more likely that you find a lawyer who can help you. Injuries inflicted on you by a medical professional can have profound consequences for your life and your ability to work. You should be able to claim compensation if it’s evident that the healthcare worker was at fault and that you are suffering significantly as a result. While some cases are clear-cut, this can sometimes be hard to verify. Your Baltimore malpractice lawyer might not take you on if they believe you don’t have a good chance of winning. Fortunately, there are several things you can do to maximize your chances and make sure you get a positive outcome. You could contact a lawyer who has fought similar cases before, provide all the evidence you can, and be open to a variety of different billing systems. Call or message us now at Peter Angelos Law and book your initial consultation. We can evaluate your case and help you figure out how you can prove negligence and receive compensation.