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Why You Should Always Have a Lawyer Deal With the Doctor’s Insurance Company

On Behalf of | Dec 15, 2021 | 3M Bair Hugger Lawsuits

Medical malpractice happens when a doctor, nurse, or other type of healthcare professional fails to uphold their duty of care and harms you in the process. This could be a surgical mistake, misdiagnosis, administering the wrong kind of medication, or even nursing home abuse. When you claim compensation for your injuries, you will need a medical malpractice lawyer to negotiate with the insurance company and make sure you get what you’re entitled to.

Even though you might face medical bills, trauma, mental health issues, and job loss after the incident, the healthcare worker’s insurance company won’t always recognize that you have a case. Alternatively, they may offer you a settlement that is much too low. By working with a highly qualified professional, you can make sure you don’t lose out on valuable compensation that could help you to re-start your life and get better.

Why You Need a Medical Malpractice Lawyer

If you’ve been injured by a doctor, you might believe that your case is clear-cut. This is especially true for people who have significant problems that include expensive medical treatment and loss of income due to the incident. However, the responsible doctor’s insurance company might not agree with you, and they could try and reduce or eliminate the compensation you receive.

Often, they will call you and speak to you about what happened. During this conversation, they might attempt to make you admit that the issue was partly your fault, that you didn’t have a doctor-patient relationship with the physician, or that you were already injured before the treatment. Such statements could ruin your case, so it’s best to say nothing and ask to speak to the insurance professionals with your lawyer present.

Preventing Costly Mistakes

As mentioned, you might receive a call from an adjuster, whose job it is to get you to admit that the incident wasn’t the doctor’s fault. Fortunately, there is no obligation for you to say anything, so you can simply let them know that you would prefer to wait until your lawyer is present. Your attorney can then negotiate with them later on, which is much safer because they know exactly what to say.

By refusing to admit that you were injured previously or that the doctor is innocent, you can make sure you have a good case. As long as you can prove that you were being treated by the relevant doctor and that they caused damage, you will receive compensation from the insurance company.

Finding Evidence of Duty of Care

The first aspect of your case you’ll have to provide evidence for is that the doctor had a duty of care and that they did not uphold this. It’s reasonably straightforward to do this if you underwent surgery or were prescribed medication, as the doctor’s name will be on your documents.

The attorney you work with will let you know what proof you need to provide. In addition to your medical bills and consultation notes, any photographic or video evidence of your injuries will be helpful to your case.

Finding Evidence of Long-Lasting Injuries

Additionally, you will need to demonstrate how the doctor’s actions have impacted your life. This can include any follow-up treatment you had to have, which wouldn’t have been necessary if there hadn’t been a mistake. Similarly, having to take time off work or even quit your job entirely is another factor that can influence a judge’s decision. If you can no longer work, you should receive compensation for your losses so you can still support your family.

Depending on your case, finding this kind of evidence can be extremely easy or very hard. If necessary, your medical malpractice lawyer will enlist the help of expert witnesses, for example, other medical professionals who have experience with cases like yours. They can back up your claims and confirm that your long-lasting injuries are a result of the treatment gone wrong.

Negotiating a Higher Level of Compensation

Sometimes, insurance companies will try to dismiss a case and make it look like you don’t have a valid claim to compensation. However, this isn’t possible if it’s evident that you have been severely injured. In such a case, they might call you up and offer you a minimal amount of compensation, in the hopes that you will simply accept it and move on.

If you don’t hire a lawyer, this is your best bet, and you can use the money towards your treatment. However, it isn’t likely that this initial settlement offer will cover your entire expense. By accepting it, you are missing out. A great medical malpractice attorney will help you to fight for your rights and access a much higher amount, which can allow you to pay for the medical bills, make up for any loss of income, and even be compensated for your emotional trauma.

Finding the Best Lawyer Possible

Now you know why it’s important to hire a lawyer when facing a malpractice lawsuit, you might wonder how you can discover the best professionals in your area. Nowadays, this is quite easy, since every good law firm has a website where you can find out more. Have a look at the various lawyers they employ and find out what their specialties are. Do any of them focus on personal injury and medical malpractice?

If so, you can then check out the “Verdicts & Settlements” page to see what kinds of cases they have worked with. If they look similar to what you are experiencing and you are happy with the results they’ve achieved, they could be a great fit. In this case, you should give the firm a call and book your initial consultation.

What Will Happen During Your Consultation?

During the first meeting with your lawyer, you will go through what happened and how the doctor’s negligence has affected your life. If you already have some evidence, such as hospital bills or photographs, you should bring them along to give your attorney a better idea of the extent of the damage. They can then let you know whether you have a valid case and give you an estimate of the compensation you could receive.

You should consider retaining the attorney if this is significantly higher than what you’ve been previously offered by an insurance company. Before making your decision, remember that you will likely need to work with the lawyer for many months, so they should be caring, compassionate, and a good personal fit.

Don’t Just Live With a Doctor’s Mistake

After an incident involving a medical professional, you are entitled to compensation if it’s evident that the healthcare worker had a duty of care and that you are now suffering because of their negligence. While the law is clear about this, not all insurance companies are willing to pay out. Some will try to argue that the doctor is not responsible for your injuries, or they may offer an amount that won’t cover all your bills.

A great medical malpractice lawyer can help you fight back against these issues and receive the money you need to move on. They will use their legal knowledge as well as their network of expert witnesses to build a solid argument. Call or message us now at Peter Angelos Law in Baltimore, MD to find out more and book an initial meeting with one of our top personal injury specialists.