Medical Malpractice Attorneys
If you were recently injured as a result of your doctor’s unacceptable care, you probably know that you likely have a good case to file a medical malpractice lawsuit. The first question most people have is whether they will need to hire an attorney to represent them. After all, attorneys can be expensive. However, it is incredibly important that you have legal representation. This guide will give you all the information about why hiring an attorney is so important.
Proving Your Case
Many people wrongfully assume that winning their case is as simple as convincing the jury that they are right. It is actually far more complicated than that. To win a case, you need to prove that the defendant acted negligently, which is a specific legal concept with exact requirements. To give you a little more context, consider the four components of negligence that must each independently be proven:
- Duty – It must be shown that the defendant had a duty to act a certain way. There is a standard of care that all physicians are held to. Essentially, doctors, nurses, and surgeons are expected to provide a certain level of care.
- Breach – It must be shown that the defendant breached the standard level of care that is expected of every physician. If you do not know what that standard level of care is, it is impossible to prove that it was breached.
- Causation – It must be shown that the beach of duty is what caused the injury. It is not assumed that the injury would not have happened regardless of the physician’s actions.
- Damage – It must be shown that the damage you suffered was significant and real.
That is a lot more than most people expect. Needless to say, it is in your best interest to leave proving legal negligence to an attorney.
Luckily for you, it is very common for the attorney who represents the plaintiff to accept no payment until the case is won. Rather, a portion of the winnings will be given to the lawyer. This allows essentially anyone to file a medical malpractice lawsuit, regardless of what your financial situation is.
Attorneys typically claim about 30% of the winnings. This may seem high, but you have to consider the fact that the attorney is taking on a huge risk. If the case is lost, the attorney gains nothing and often has to pays the court costs too. The first step you should take is hiring a medical negligence lawyer in Salt Lake City, UT.
Thanks to Rasmussen & Miner for their insight into medical malpractice and hiring an attorney