There are certain things that occur once you’ve consulted a surgical error attorney in Baltimore. There are steps that must be followed to begin building a case and, if necessary, opening a lawsuit. Many cases can be handled without filing a lawsuit, but sometimes going to trial is simply unavoidable.

What to Expect When You Hire a Surgical Error Attorney in Baltimore

Arranging Your Setup with Your Attorney

After you hire your attorney, you’ll need to agree on how you’ll stay in contact and how you’re going to pay them. With surgical error cases, you’ll often pay a contingency fee.

Your attorney will let you know their preferred method of communication, and they’ll often ask you to keep them updated on certain things, such as the progress of your healing as the case goes on.

Getting to Know the Case

When you hire a surgical error attorney, they need to get to know your case. They need to know all about the surgery that was performed, how it should have been performed, and what went wrong during it. They may need to consult expert witnesses in their network to get a better understanding of the procedure that you underwent.

Your attorney will also need to establish that you actually have a medical malpractice case. Click here to learn more about how your attorney establishes this. In short, they must prove that a doctor-patient relationship existed, that there was a standard of medical care, that the standard of medical care was breached, and that the breach of the standard of care caused you an injury or illness.

Gathering Evidence

Testimonies from expert witnesses, copies of your medical records, and statements from other witnesses may help your lawyer build you a case. This case is intended to prove to the liable doctor’s insurance company that you’ve suffered damages at the hands of the liable doctor. Your attorney will likely gather evidence directly relevant to your damages, so they can determine how much you should seek when recovering compensation, too.

Negotiating a Settlement

If the doctor has accepted liability, or if it’s impossible to deny liability, then the insurance company will typically offer you a settlement. Your attorney will likely then attempt to negotiate a settlement that better covers your damages if the settlement the insurance company offered is too low.

Negotiations may go on for some time until a settlement has been reached, and your case will be settled once you accept a sum. Your attorney will offer advice on what sum you should accept. However, if a settlement can’t be reached, then you may need to file a lawsuit to try and win compensation in court.

What Happens When You File a Surgical Error Lawsuit

The Filing Is Done

The lawsuit will be filed, and all relevant parties will be notified. The Certificate of Merit will also be filed. The Certificate of Merit is used to prove that there is some legitimacy to your case.

The Discovery Period

The discovery period sees your case thoroughly investigated again, so your attorney can gather all relevant evidence and begin building your case. The other side’s legal team will also begin building a case to defend their client, the doctor. Numerous witnesses and expert witnesses may be consulted, your medical records may be examined, and all relevant information will be taken into account.

Negotiation or Mediation

Your attorney will likely talk to the other side’s legal representative about what you expect out of the settlement you’re seeking. A mediator may be necessary to help the attorneys to talk through the case and the issues involved, although sometimes the attorneys can talk sufficiently without a mediator present.

The Trial

When it’s time to enter the courtroom, your attorney will do all they can to argue your case and present you in the best possible light. A large-scale study revealed that the jury sides with the plaintiff 50% of the time, even when there’s strong evidence in malpractice cases, so your attorney needs to present the best case possible for you.

At trial, evidence may be examined, your attorney may cross-examine the other attorney’s case, and witnesses may be called to testify. Witnesses may include medical experts and people who witnessed the situation between you and your doctor.

The Settlement:

At the trial, you’ll either be awarded a settlement or walk away without one.  Choosing the best attorney will give you the best possible chance of walking away with compensation after the surgical error lawsuit.

After you consult a surgical error lawyer, your attorney will do everything they can to learn about your case, so they can find the best possible way to help you recover compensation. There’ll be lots of discussions and negotiations throughout the process, and if you can’t settle without going to court, then your attorney may advise you to file a lawsuit. chicago surgical error lawyer

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