The passing of a spouse due to medical negligence is a terrible thing to go through, but you are not helpless in the situation. It's possible to hold those responsible by suing them for medical malpractice. By understanding how a lawyer can help, you can decide if it's the best option for you. Read more here:
What Is A Lawyer's Role In A Medical Malpractice Lawsuit?
The process will start by having your lawyer review all of the medical records related to your spouse's passing. As an objective third party, they will help decide if there was any negligence in the medical process that was performed. For example, your lawyer will investigate the medications that they were prescribed, the surgical procedures that were performed, and even look into if all proper steps were taken at every point along the way.
A background check will be performed on the physicians that were working with your spouse, which includes if they have a previous history of medical malpractice lawsuits. Important information, such as if a medical license was ever suspended, will be crucial to proving your case since it's possible someone else went through a similar issue.
If your lawyer feels like you have a solid case for medical malpractice, it is usually because steps were taken that were preventable. You will be entitled to seek compensation for your losses, which can include:
- Income loss
- Pain and suffering
- Mental anguish
- Funeral costs
- Psychiatric care
How Much Will A Medical Malpractice Lawsuit Cost?
A lawyer can charge you in one of two ways. If they feel your case is very strong, they will charge based on contingency. This means that they will take a percentage of the final settlement, usually around 20-40%. Thankfully, you will only have to pay them if you win your case. Contingency fees can range greatly though, depending on what point in the legal process the case was settled.
While an hourly rate is less common in these types of cases, it is a possibility if your case is not very strong, but you insist on moving forward with a lawsuit. You would work out an hourly rate with your lawyer before they begin working for you, and you would pay them for their time if you were to win or lose your case.
Now that you know some more information about how a medical malpractice lawsuit would work, you can decide if you want to move forward with one.Share