Do I Need a Lawyer for My Malpractice Case?
What if the hospital has already expressed an interest in settlement? Occasionally, a hospital (though rarely a doctor) will approach a family and offer a quick settlement when there has been a clear mistake causing an injury. Hospitals prefer if patients negotiate and settle without retaining a lawyer. They might even say, “Don’t get a lawyer because they will just take part of your money.” However, here are three compelling reasons why you should still retain a medical malpractice lawyer:
- Unequal Negotiating Positions
Every medical malpractice case is unique, and its value depends on a detailed analysis of all elements of liability, causation, and damages. The hospital has extensive experience in handling malpractice claims and settlement negotiations. Their representatives know the true worth of your claim, but you likely do not. This creates a significant imbalance in negotiating power, making it difficult for you to achieve a fair settlement. The hospital’s claims adjuster aims to pay the least amount possible. A medical malpractice attorney on your side will help determine the true value of your claim and ensure you are not taken advantage of.
- Discounted Settlements
If there is any discount on the settlement value because you don’t have an attorney, the hospital will benefit from it. Essentially, the hospital wants to pay you the net settlement amount minus what you would have paid an attorney. This means while you are exposed to several risks by being unrepresented, the hospital reaps the economic benefit. A lawyer will help you negotiate a fair settlement that truly reflects the value of your claim.
- Complicated Liens
In many cases, especially in Florida, there are complicated liens against your settlement proceeds from entities like Medicare, Medicaid, HMOs, or private health insurance companies that paid for your medical care. If they covered your treatment caused by a negligent healthcare provider, and you collect money because of it, you must pay back all or part of what they paid. Failing to repay some of these liens can be a crime. A medical malpractice lawyer can help identify any such liens before you settle the claim and determine the repayment amount. This ensures you know how much you need to accept in a settlement to handle these liens and still net a fair amount. An experienced medical malpractice attorney can often minimize or eliminate these liens, putting you in a better position.
What if I Want to Represent Myself in Court?
In a word: don’t. Doctors and hospitals hire top-notch lawyers specializing in defending medical malpractice claims. The defense will use every tactic to fight your claim, knowing you are not a lawyer. They will focus on getting the case dismissed on procedural technicalities, rather than defending it on its merits. Missing one small procedural or evidentiary step could result in your case being forfeited. You might also end up with a judgment against you for the attorneys’ fees and expenses incurred by the other side. There is a wise saying that if a lawyer represents himself in a legal matter, he has a fool for a client. If this is true for lawyers, it is even more so for lay people.
Conclusion
Filing a medical malpractice case is complex and requires expertise in both legal and medical fields. Consulting an experienced medical malpractice lawyer ensures that you have the necessary support to navigate these complexities and achieve a fair outcome. Don’t let the hospital’s tactics or procedural hurdles prevent you from seeking justice.