Occasionally a medical professional, doctor, nurse, hospital or otherwise, will make a mistake. Unfortunately, these mistakes can have catastrophic results, including death. The injured party or his/her family needs advice and assistance when these things happen. Not every lawyer is capable of guiding parties injured by medical malpractice through the system. I am an attorney who is experienced and know what I am doing in medical malpractice cases.
Once again, you are dealing with the insurance company, not the doctor or the hospital. An Insurance company’s motivation is not to protect the doctor, or the doctor’s reputation, but rather to minimize the financial impact on the insurance company to save money.
Another tactic of insurance companies is to cry long and hard about “nuisance” lawsuits filed against doctors in order to get a quick settlement out of court. This is total nonsense. In the first place, insurance companies take a hard line on any medical malpractice claim. There is actually no such thing as a nuisance settlement in a medical malpractice setting.
Because they have huge sums of money gleaned from your premiums, insurance companies are able to hire many doctors to testify on behalf of the physician or healthcare provider who has been claimed against. These physicians are paid large sums to give an opinion favorable to the insured doctor or hospital. Claimants are at a huge disadvantage in this regard.
The next time you hear the above allegations, don’t believe them. They are simply not true.
As with any other profession, there are going to be mistakes made by lawyers. Sometimes these mistakes result in financial loss to the client or clients. The victims of attorney malpractice are entitled to be compensated for the damages resulting from being inadequately represented by counsel.
There are two aspects to the usual attorney malpractice case. First, you have to show that there was negligence, which is a departure from the standard in the community. This is the same as it is with doctors. You have to show that you were damaged by this negligence. This is the same as in any other negligence case. However, you also have to be able to show in an action against an attorney that you would have won your underlying case. Otherwise, even though the attorney might have been negligent, you would not have been entitled to anything and therefore are not damaged.
In order to obtain an honest evaluation of an attorney malpractice claim, it is necessary for you to sit down with another attorney who is well versed in carrying forward legal malpractice claims.
If you believe that you might have been the victim of attorney malpractice, give me a call and I will arrange to meet with you at no cost to you.