Finding a Lawyer That Handles Surgical Error Lawsuits
Author: Polewski & Associates
Original Publication Date: 2011-01-15
Updated - Revised Date: 2017-11-29
Synopsis and Key Points:
Medical malpractice involves making preventable mistakes that cause serious injury or death.
How Should I Find a Lawyer That Handles Surgical Error Lawsuits? When surgery does not meet a patient's highest hopes, it is a significant disappointment, but not necessarily malpractice. Medical malpractice involves making preventable mistakes that cause serious injury or death.
Millions of surgical procedures are performed in the United States each year. Every time a person goes under the scalpel, there is a risk of surgical errors. When surgery does not meet a patient's highest hopes, it is a significant disappointment, but not necessarily malpractice. Medical malpractice involves making preventable mistakes that cause serious injury or death.
Surgical errors include a wide range of occurrences during the course of an operation, such as:
- Nerve damage
- Delayed surgery
- Incorrect incision
- Prolonged surgery
- Unsanitary surgical utensils
- Organ puncture or perforation
- Wrong organ surgery, wrong site surgery or wrong side surgery
Finding a Surgical Error Attorney:
Medical malpractice law is a highly technical and specialized field. Some medical malpractice attorneys handle specific cases, such as birth injuries, while others handle a range of malpractice suits. However, if you have suffered something as serious as a surgical error, you will want a legal specialist who deals with this specific area of law.
Once you have asked friends, family members and other trusted sources for recommendations, and searched online in your area, begin scheduling consultations with the surgical error attorneys who appeal to you. During your consultation, bring any documents or records that you have, as they relate to your case.
You should also bring with you a list of questions, such as:
- How long have you been practicing medical malpractice law
- How much experience do you have with surgical error cases
- How do keep yourself educated and stay updated with current medical issues
- Do you have the financial resources to take my case to trial, if necessary
- How many medical malpractice/surgical error claims have you taken to trial
- How do you find medical experts for your malpractice cases
Many medical malpractice attorneys work on a "contingency" basis, meaning that their attorney fee is a percentage of the amount recovered from the settlement (typically one-third of the judgment, after the deduction of costs and fees). Rarely will surgical error attorneys take a malpractice case on a "retained" basis (where you pay the attorney fees and costs but recover the settlement), because few people can afford that option. On average, by the time a medical malpractice case reaches trail, costs alone can surpass $100,000.
Because medical malpractice cases are expensive and very involved cases, attorneys choose their cases carefully. If the surgical error attorney of your choice is not willing to take on your case, do not fee hurt. Instead, ask for a referral for another attorney.
Your surgical error attorney's initial acceptance of your case may be conditional. He or she may want to conduct a comprehensive investigation and review your medical records. If this is the case, be prepared to provide your prospective attorney with the names and contact information of all the doctors, nurses and medical staff who have treated you so that all of your medical records can be assessed. Also be prepared to disclose any and all of your medical conditions, even if you believe they are unrelated to your case.
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