A medical malpractice claim represents one of the most complicated of legal matters in the U.S. Justice system. With this in mind, if you face a medical malpractice claim, you need to consider seriously the need to seek legal representation. The failure to retain legal counsel can expose you to some significant risks. Indeed, there are three potentially negative consequences you can face in your medical malpractice case without appropriate legal representation.
In the absence of experienced legal representation in a medical malpractice case, the level of compensation that you receive if successful in your claim is likely to be less than would be the case with a lawyer at your side. Statistics support the contention that a person represented by an attorney in a medical malpractice case will nearly always end up with more money in the way of compensation. This proves to be the reality even when attorney fees are taken into consideration.
Statute of Limitations Issue
The statute of limitations is a law that sets forth a specific timeframe in which a medical malpractice lawsuit must be filed. The failure to file a lawsuit within this time period forever precludes you from seeking justice through the court system in your medical malpractice case. Another negative consequence associated with not having legal representation is missing the statute of limitations, or the final deadline to file your lawsuit.
Failure to Prove Negligence
A medical malpractice attorney plays a vital role in demonstrating that a doctor or another healthcare professional has been negligent in your situation. This nearly always requires the assistance of a medical expert.
A medical malpractice attorney has access to respected experts who can assist in demonstrating that you have been the victim of negligence at the hands of a healthcare provider. A layperson simply does not have access to these types of vital experts.
In the absence of these experts, you may not be able to legally establish negligence or malpractice in your case. The failure to prove negligence with the assistance of experts can result in your claim failing altogether.
You need to be proactive when it comes to protecting your legal rights if you think you are the victim of medical malpractice. This includes consulting with a capable malpractice attorney, such as a member of the legal team at Obradovich Law.
During an initial consultation, you obtain an evaluation of your case. In addition, you have the chance to raise any questions you have about your situation. Typically, no fee is charged for an initial consultation in a medical malpractice case.
About the Author: Lizzie Weakley is a freelance writer from Columbus, Ohio. She went to college at The Ohio State University where she studied communications. In her free time, she enjoys the outdoors and long walks in the park with her husky Snowball. You can find her on Twitter at @LizzieWeakley and on Facebook at facebook.com/lizzie.weakley.