Medical malpractices can be challenging to prove, time-consuming, and expensive. As a result, attorneys have developed a method of evaluating the cases to decide whether or not there is a chance of success. If you believe that you have a medical malpractice case, it is important to understand what factors can influence whether an attorney takes a case.
The Standard of Care
One of the most important factors that an attorney considers is what the standard of care was and whether or not the medical care provider followed it. The standard of care refers to what is the normal course of treatment for a medical condition. For instance, the normal treatment for diabetes might be prescribing insulin or the use of medication to control blood sugar levels.
Once the attorney has determined what the standard of care is, he or she then has to focus on if the provider followed it. Proving this can be challenging because some conditions have different methods of treatment. In the previous example, some doctors might recommend using medication to control blood sugar levels, while others might recommend lifestyle changes.
If an attorney believes that he or she can find a medical expert that can help make the case for a provider failing to meet the standard of care, there are other factors to consider.
The Extent of Your Injuries
Even if a medical care provider did not meet the standard of care, there is a possibility that an attorney might be reluctant to move forward with your case if your injuries were minimal. The damages in a medical malpractice case need to be significant enough that the financial compensation covers your losses and medical expenses and also the attorney's fees.
To help the attorney in his or her assessment of your case, you need to provide him or her with evidence of how the malpractice impacted your life. For instance, your medical bills, proof of lost wages, medical records, and receipts for traveling to and from the doctor can help make your case.
If you will require future medical treatment for your injuries, disclose this to the attorney. He or she will need to also factor the related expenses into the valuation of your claim.
There are many other factors that an attorney, like those at Spesia & Ayers Attorneys At Law, will consider before deciding whether or not to take on a medical malpractice claim. During a consultation, you can find out what your attorney considers.
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