A former patient that has pursued a medical malpractice claim should hire an attorney. The complexity of such a case aids creation of a situation in which the chances for winning increase greatly, if the plaintiff has hired a legal representative.
A hired lawyer can attend the negotiation meetings
At each meeting, it becomes the attorney’s job to present the collected evidence. That could include video footage, or an audio rendering of what took place. Some lawyers hire an investigator, so that they can obtain new evidence.
Lawyers can seek out and hire experts
During a medical malpractice case, an expert in a specific medical field can explain the procedure that was being used at the time when the physician became guilty of malpractice. Doctors are supposed to follow a prescribed standard of care. Those that do not can be charged with negligence.
An attorney can communicate with the opposing party
Those communications must take place, if the negotiations are going to proceed. Without negotiations, there can be no negotiated settlement. Both sides have more control over the terms of a negotiated settlement. An injury lawyer in Hamilton can make an offer to the defendant. That is part of the negotiating process. The exchange of offers makes possible an agreement on specific terms. Those are the terms of the settlement.
Attorneys can check to see if the defendant/charged physician has faced similar charges of medical malpractice.
An attorney could study how many cases that same physician lost. How many times has he or she been found guilty of medical malpractice. What was the doctor’s biggest weakness in each case?
A look at past cases might show that the charged physician had failed to show proper respect towards the judge. If that were the case, then the plaintiff’s lawyer might want to seek out a judge that demands a great deal of respect. That would make the defendant’s weakness even greater.
Lawyers can anticipate problems
For instance, an attorney might find that no witness has come forward. Doctors do not like to “tattle” on other physicians. By the same token, hospital staff tends to be quiet about the cases in the hospital. For that reason, a good lawyer needs to put lots of effort into obtaining all the relevant information. An experienced attorney should know where to start. Hence, that experience should help to ensure the collection of useful information.
Doctors want to feel the attorney’s gratitude, if they agree to offer evidence against another member of the medical profession. Attorneys need to recognize the extent to which the same physicians have agreed to stick their necks out. Their cooperation could cost them their career, if they have just stepped on the career path.