Medical malpractice is a specific area of personal injury law that requires even more experience and expertise. In fact even malpractice lawyers often specialize in a particular are of malpractice. As an example, some medical malpractice lawyers primarily handle birth trauma cases, and others handle surgical errors, and others handle misdiagnosis of cancer, or another specific area of medical negligence.
When you're consulting malpractice attorneys, it is useful if you can provide them with copies any documents or records that you have, regarding your case. Before hiring a malpractice lawyer you may wish to ask the next questions:
What percentage of your practice is malpractice?
Do you have experience with cases like mine?
Are you willing to spend the money to take my case to trial?
How many medical malpractice cases have you taken to trial?
Do you specialize in a particular area of medical malpractice?
Most Philadelphia medical malpractice lawyers take their cases on a "contingency" basis, where the attorney fee is a percentage of the amount recovered from the defendant through judgment or settlement, typically around 40 percent. It is unusual for attorneys to take malpractice cases where the client pays the attorney fees and costs but receives the entire judgment or settlement, as few customers can afford that alternative. In many malpractice cases, by the time a case reaches trial, costs alone can exceed $100,000.
Malpractice cases are costly and tough, and attorneys choose their battles cautiously. Don't feel hurt if an attorney refuses your case, and don't be bashful about requesting a referral to another attorney for a "second opinion."
You may discover that an attorney's initial acceptance of your case is conditioned upon a thorough investigation and review of the medical records. You will need to provide your Philadelphia medical malpractice lawyer with the names of all physicians who have treated you, so that all of your medical records can be reviewed. It is important that you inform your attorney about all of your doctors and medical conditions, although you think they don't have anything to do with your case.
When you begin a medical malpractice lawsuit, you should be aware that it can be a really long, tough process. You may end up answering very personal questions, including in response to "interrogatories" (written questions) and at "depositions" (live testimony, taken under oath, often at an attorney's office), and spending a surprising period of time assisting your Philadelphia malpractice attorney with your case. While some situations are resolved quickly, it may be years before your case is resolved.
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