Medical malpractice is responsible for thousands of injuries, illnesses, and deaths throughout the country each year. While most people trust medical professionals to provide safe and effective treatments, some medical providers fail to meet the standards of care their patients require. “Medical malpractice” is a legal term that applies to any situation where a medical professional fails to meet the standard of care a patient requires.
If you or a loved one has been injured by ineffective or incompetently performed medical care, you likely have grounds to file a medical malpractice claim. While this type of injury claim falls within the scope of personal injury law, medical malpractice lawsuits are very different from most other personal injury claims and require meeting precise procedural requirements. Therefore, if you intend to pursue any medical malpractice claim in San Diego, CA, it’s best to work with an experienced medical malpractice attorney who can guide you through your case confidently.
Why Should I Hire a Medical Malpractice Lawyer?
You might think that your claim is straightforward enough that you can manage it on your own. However, meeting the legal prerequisites of your claim while handling the aftermath of your injury can be incredibly difficult. Additionally, any medical malpractice claim will have a high margin for error. Even seemingly slight mistakes in the early stages can jeopardize the plaintiff’s ability to secure compensation for their losses.
Hiring an experienced medical malpractice attorney significantly increases your chance of success with your claim and makes navigating the case much easier. You can rely on your legal team to help you gather the evidence you need to support your claim and guide you through the preliminary stages of your case. However, many people who need to hire medical malpractice attorneys worry about the potential cost of their legal fees.
How Much Do Medical Malpractice Attorneys Charge?
Most Americans believe that hiring an attorney is usually prohibitively expensive and that legal representation is a luxury afforded only to those with the liquidity to pay costly legal fees out of pocket. However, the reality is that most medical malpractice attorneys operating in the San Diego, CA, area understand that the average person may not be able to afford legal fees out of pocket, and they strive to make legal representation more accessible to those who need it most.
Most medical malpractice attorneys offer clients contingency fee billing, which means the client pays nothing upfront for their legal representation. Instead of charging an hourly rate, a lawyer who offers contingency fee billing will take a percentage of the client’s case award, but only if they win the case. If the case fails, the attorney gets nothing. Keeping this in mind, if an attorney is willing to represent you in a medical malpractice lawsuit, this is a good sign your case is likely to succeed.
How Long Will My Medical Malpractice Case Take to Conclude?
When you are struggling with the aftermath of an injury from medical negligence and economic strain from the inability to work, the potential cost of your legal fees is just one additional stressor you must address in your situation. However, you may also worry about how long it will take to secure compensation for your losses. If you hire an experienced attorney and build a strong case, it’s possible to resolve a medical malpractice claim within a few months if you settle outside of court. However, more complex cases and cases that go to trial could take more than a year to resolve. Your medical malpractice lawyer can provide a general estimate of the projected timeline for your case.
Q: What Should I Look for When Hiring a Medical Malpractice Attorney?
A: Experience is the most crucial factor to consider when hiring an attorney. It’s important to find a lawyer who has significant experience practicing law and specific experience handling cases similar to yours. If you are preparing for a medical malpractice lawsuit, make sure the attorney you choose to represent you has a solid record of successful similar cases.
Q: How Expensive Is It to Sue a Doctor?
A: As long as you choose a medical malpractice lawyer who offers contingency fee billing, you do not need to worry too much about the cost of your lawsuit. An excellent medical malpractice lawyer will clearly explain their billing policy to the client before signing anything. Most contingency fees are between 25% and 40%, and this percentage can fluctuate based on several factors.
Q: How Long Do You Have to Sue a Hospital for Negligence in California?
A: The statute of limitations for filing a medical malpractice claim in California is two years from when an injury occurs. The discovery rule may also apply if a victim cannot identify an injury immediately after it occurs. Therefore, your statute of limitations will either begin on the date your injury occurred or the date you discovered the harm from the injury.
Q: What Is the Percentage Chance of Winning a Medical Malpractice Lawsuit?
A: Your chances of winning your medical malpractice lawsuit directly correlate to the strength of your evidence. When evidence is weak, plaintiffs are only about 20% likely to win their cases. In toss-up medical malpractice cases, this chance may only increase to about 30%. However, if the plaintiff has a powerful case with clear evidence supported by input from other medical professionals, they could be more than 50% likely to win in trial.
Ultimately, everyone who experiences an injury from medical malpractice is likely to have many questions about how their case will unfold and what they can expect from their attorney. If you or a loved one is struggling with an injury caused by a negligent medical provider, the most important thing you can do to ensure your recovery is to speak with an experienced medical malpractice lawyer as soon as possible. If you are ready to start building your medical malpractice claim in San Diego, contact Kenneth M. Sigelman & Associates to schedule your consultation with our team.