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Medical professionals work in challenging environments, and they do so to high standards and provide good care. However, there are times when your care may fall below that standard and you suffer a worse outcome due to this neglect.
If you are considering filing a clinical malpractice claim, you may be feeling lost, not knowing where to start, or even not knowing if you want to file a claim. This article discusses the five key questions to ask yourself before starting a clinical malpractice case, to understand if you are prepared to do so.
Are you prepared to go to court if necessary?
Most clinical malpractice claims will be settled out of court. Statistically speaking, less than 5% of cases end up in a full trial in court. However, it is not uncommon for legal proceedings to be initiated.
Regardless of whether you think you will end up in court or settle before the trial date arrives, you should always prepare yourself mentally to attend court. You should also always conduct yourself and your claim with the idea that everything you say or do about your case can be seen by a judge.
Ask yourself, are you ready to go to court? Are you willing to take an oath and testify in court? Are you ready to stand before a judge and answer his questions? Otherwise, that doesn’t mean you shouldn’t start a claim, but you should tell your lawyer about this and follow their advice.
Are you ready to answer sensitive questions about your medical treatment?
Like the previous one, this question is about your personal comfort levels and what you are or are not willing to do.
Your attorney must play devil’s advocate at times to predict what the defendant’s arguments will be. Which means there will be times when they ask you questions that are uncomfortable or can make you feel like they are against you. They are doing this to be as prepared as possible to counter the defendant’s arguments.
For example, if your attorney expects the defendant to argue that you did not raise concerns about your treatment with your doctor, then they will ask questions such as “why did you wait six months to raise your concerns?” “Why did he keep letting Dr. X treat him if he didn’t trust them?” “Why didn’t you get a second opinion?” “Why did you wait until X, Y, Z happened before you acted?” They are not accusing you of bad judgment or bad behavior; they are trying to destroy the defendant’s argument.
Are you fully recovered?
It is better to be fully recovered before starting a claim, as it will make your injury easier to value, i.e. put a dollar figure on your injury/delayed recovery, etc. It is also commonly accepted that filing a claim can be stressful for some, and if you think you are likely to find filing a claim stressful, then stress is not going to help your health. It may be in your best interest to wait a few months or weeks until your health has improved enough for you to manage.
You have three years to file a claim; this period starts from the date she found out that he was neglected. This is the Awareness Date, and it means there is time for you to recover as much as possible before filing a claim.
Although it is not advisable to wait until the three-year term is almost up. However, it is advisable to ensure that you have recovered fully, or if not fully, then to a high degree, before filing a claim. If you plan to use a lawyer to bring your clinical malpractice claim, then it would be reasonable to approach them at least six months before the three-year time limit expires, to have them evaluate your case.
Are you in time to file a claim?
Continuing with the above, you must make sure you are in time to file a claim. As stated above, you have three years from the date you realized she had been neglected to do so. If you do not have time, it is unlikely that you will be able to file a claim, since it will be time-barred.
Although, in some rare circumstances, the Courts may allow you to proceed even if you are out of time.
What financing options are available?
Most clinical malpractice claims can be taken on by an attorney under a No Win No Fee Agreement. Under this type of agreement, if you are successful, a portion of your compensation will go toward paying your attorney’s legal fees. This is limited to 25% of your compensation. By law, an attorney cannot collect more than 25% of her compensation. However, he may be able to negotiate a lower percentage with his lawyer.
Under a No Win No Fee agreement, if you are unsuccessful, you will not pay any legal fees. But you could still be responsible for any out-of-pocket costs your attorney has to pay on your behalf. Out-of-pocket costs include a fee to obtain your medical records, medical examiner fees, court fees, etc. Your attorney should obtain insurance to protect you from having to pay these out-of-pocket costs if you are unsuccessful.
There are other financing options available; You may be able to fund your claim using pre-existing statutory coverage on your home and contents insurance or auto insurance. You should check your insurance policies to see if you have this type of coverage. There are benefits to using pre-existing insurance policies to pay claims, as some insurance providers will allow you to keep 100% of your compensation. There are downsides though, as it is unlikely that you will be able to choose your lawyer, you will be using a lawyer chosen by the insurance company and dealing with them over the phone and email, it is unlikely that you will. never meet them face to face.
Conclusion
You should carefully consider all of the above questions before approaching an attorney about your clinical malpractice claim. Filing a claim is a lengthy process and can be laborious at times. Some will find the process stressful and may have difficulty with it, but if you give the process due consideration, instruct an attorney, and follow their advice, then this will make things much easier for you.