Medical Malpractice Attorneys
Medical mistakes are the third-leading cause of death in the U.S., trailing only heart disease and cancer. Medical malpractice cases are complex, costly, and incredibly time-consuming. Because the evidence required to prove malpractice is complicated by nature, you are going to need the testimony of both legal and medical experts.
Burg Simpson’s experienced medical malpractice attorneys have assembled a professional team of medical injury lawyers to review the facts of your medical malpractice case. Contact us as soon as possible by calling us at (888) 895-2080 or filling out our FREE case evaluation form.
We currently handle Medical Malpractice cases at our BURG SIMPSON ARIZONA, BURG SIMPSON COLORADO, BURG SIMPSON OHIO, and BURG SIMPSON WYOMING locations.
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What Is Medical Malpractice?
Medical malpractice happens when a hospital, doctor, or other health care providers causes an injury to a patient through a negligent act or omission. This negligence may come in the form of errors in diagnosis, treatment, aftercare, or health management.
Medical malpractice is a highly complex area of the law. In a medical malpractice lawsuit, the injured party bears the burden of proof, which means you must prove that:
- Your health care provider made a mistake during your care, AND
- This mistake caused or exacerbated your injury, or hampered your recovery, AND
- You suffered damages significant enough to justify the costs and time associated with litigation, and for with a jury can compensate you.
If you believe you were injured as a result of a health care provider’s negligence, please call our medical malpractice lawyers to discuss your legal matter. We are here to help, and there is no charge for an initial consultation.
What Is Your Medical Malpractice Case Worth?
Our national team of medical malpractice attorneys and legal professionals will examine the details of your case to assess:
- The nature and extent of the injury and the treatment received
- The extent of liability of each part involved
- The potential economic loss the victim suffered
- Future medical needs and expenses
- The types of damages that can be recovered include economic, non-economic, and sometimes even punitive damages
What Experts Are Needed for Your Medical Malpractice Case And Why?
If you have been injured by a medical professional, such as a doctor or nurse, your medical injury lawyers will use experts to explain to the jury exactly what happened and how the medical professional’s conduct caused your injury.
To legally prove a medical malpractice case, your attorney must demonstrate to the court that the physician made a treatment decision that no reasonable physician would have made under the same or similar circumstances. That unreasonable action is called “a breach of the standard of care.” Your legal team must show how the violation caused the injury and explain how much your case is worth. Medical malpractice attorneys and experts are needed for all of these elements.
- Liability experts:These experts describe how the doctor breached the standard of care. As a rule, the professional you are suing can only be evaluated by an expert in the same field with the same credentials. For example, if the physician is a surgeon, then the expert retained to evaluate his care also must be a board-certified general surgeon.
- Causation experts:Additional medical malpractice lawyers are typically required to discuss how the defendant’s actions caused the plaintiff’s injury. Consider the example of the defendant who is a family doctor who prescribed the wrong medication to a patient. The patient experienced an adverse reaction to the medication and suffered a stroke. The plaintiff may even need other specialists to explain other aspects of the causal link between the doctor’s mistake and the injury it caused.
- Life care planner:One of the primary goals of a medical negligence lawsuit is to obtain compensation that will cover future medical care for the plaintiff. Although our medical malpractice attorneys can put a price on economic damages such as medical expenses, loss of wages, and the loss of the ability to work, plaintiffs with a permanent injury will also require future medical care. An expert called a life care planner will calculate the cost of providing the medical care and treatment the plaintiff will need for the rest of their life.
- Economist: An economist also calculates the value of past and future medical bills and lost wages. The economist takes the life care plan and calculates its net value – including inflation and interest. The life care planner and economist work together to create a picture of how much the plaintiff’s claim is worth, in current dollars. Neither of these experts adds any compensation for the plaintiff’s pain and suffering.
What Does Subrogation Have to Do with Medical Malpractice?
If negligent medical care has left you seriously injured, reach out to one of our medical malpractice attorneys. A successful lawsuit will almost always lead to a “subrogation interest” or “subrogation lien.” If you have health insurance, either through a private company or federal program, a subrogation lien is typically a certainty. As a medical malpractice plaintiff, you need to understand what this means and how it can affect your claim.
Whatever health insurance coverage you have, whether private or public, there is a provision in your contract that essentially says: “We the insurer are going to pay for the medical care you receive. But, if you find out you need medical care as a result of an injury caused by someone else’s negligence, and we paid for that care, we want to be reimbursed if you receive money from a lawsuit against the person who caused your injury.”
Different attorneys handle these issues in different ways. Your medical malpractice lawyer may hire another attorney to handle these liens, and other times your lawyer may handle them. Make sure to ask your lawyer what their practice is, and whether you will be charged additional fees or costs
The Lien Process
- Health insurance carriers are identified from the information you provide, as well as from your medical records. Every insurer who paid any claims or is listed in your records will be contacted and notified of pending litigation involving you, the insured.
- Each insurer is asked to provide a list of all paid claims related to your injuries. Periodically throughout the course of litigation, your insurers may provide updated listings of paid claims.
- When the case is nearing a resolution, the amount of your liens is considered as part of the settlement, so that you can make a better decision about whether any potential settlement offer will be satisfactory. Your medical malpractice attorney will then review the itemized list of paid claims and notify the insurer which claims were related to the injury that gave rise to your lawsuit.
- Based on that information, the amount you have to pay back to the insurer after your settlement may be adjusted to deduct the claims not caused by malpractice.
- Additional discounts may then be negotiated. Your medical malpractice lawyer should ask the lien holder to discount the lien amount based on the fact that you had to pay attorneys’ fees to get your settlement.
- Once a final lien amount is reached, reflecting all discounts and adjustments that can be obtained for you, it must be paid from your settlement proceeds before funds are disbursed to you. You may be able to receive some of your settlement money, but the lawyers will be required to hold back enough money to pay the liens and keep that money in a trust until the liens are resolved. Only then will the attorneys be able to refund/disburse back to you any amount not needed to pay liens because of discounts.
Because you cannot obtain your settlement proceeds until your liens have been satisfied, it is important to know that your medical malpractice lawyers have a handle on what to do and how to get your liens resolved as quickly as possible.
If you have been injured through a health care provider’s negligence, contact the experienced medical malpractice attorneys at Burg Simpson as soon as possible. Call us today or fill out our FREE case evaluation form.