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  • 7 Ways Medical Malpractice Lawyers Can Help You Win Your Case

    7 Ways Medical Malpractice Lawyers Can Help You Win Your Case

    Medical malpractice lawsuits are usually very difficult to win because there needs to be a significant amount of proof that it actually occurred. The reason for this is that medical professionals’ careers are at stake, and the legal system must be sure malpractice occurred before ruling in favor of a patient. This is why Kansas city medical malpractice lawyers are necessary and can help you win your case.

    7 Ways a Kansas City Medical Malpractice Lawyer Can Help You Win Your Case

    1. They Will Help Determine If You Have a Case

    With the burden of proof of medical malpractice so high, you might not even know if you have a case to begin with. A Kansas City medical attorney who specializes in medical malpractice cases can review your concerns and determine whether you have enough proof of malpractice to file a claim. There are several ways in which medical malpractice can impact patients, so it’s important to have a lawyer examine your specific case.

    For example, you could have a valid medical malpractice lawsuit if you:

    • Suffered a misdiagnosis and were mistreated
    • Suffered harm due to negligence
    • Did not give informed consent for a treatment, procedure, or surgery
    • Suffered a breach of confidentiality
    • Received an unauthorized treatment, procedure, or surgery

    If any one or more of these situations applies to you, it is possible you may be able to file a medical malpractice claim, but there are degrees of harm. As such, a Kansas City medical malpractice attorney can help you determine your degree of harm and whether it is worth filing a claim or not. In the event that your attorney does believe you have a valid case, they can then explain your options and what you should do next.

    2. They Know What Is Required to Prove Medical Malpractice

    There are specific standards that must be met to prove medical malpractice, so in addition to determining whether you have suffered from one of the types of malpractice, you may need a lawyer to help you know if you meet the standards that are required to prove medical malpractice. Four of the most important standards are duty of care, causation, straying from the standard of care, and damage that was the result of negligence.

    Duty of care means that a provider has the obligation to take care of you when you are receiving treatment from them. Causation refers to whether what the provider did or didn’t do caused you harm. Strayed from the standard of care means that the provider did not follow an acceptable treatment plan based on what other providers have done in the past. Negligence is based on your harm having been the result of the provider failing to provide adequate care.

    3. They Can Provide Expert Witnesses

    Most medical malpractice cases rely heavily on witness testimony that is designed to prove a victim’s case by providing expert medical opinion to the court or mediator. Such a witness needs to have as much as or more experience than the provider who treated you in order to be considered a reliable witness. On your own, it may be difficult to secure expert witnesses, but a Kansas City medical malpractice attorney will be able to provide them for your case.

    For instance, if you suffered harm from a plastic surgeon, you will want an expert witness who is also a plastic surgeon but who has more experience or education than your physician. This way, the witness will be able to explain what went wrong in your case and why it is the fault of your surgeon. Moreover, the witness will be able to explain this so that a jury will understand it, which is critical in medical malpractice cases.

    4. They Know What Damages to Claim

    If you are determined to have been a victim of medical malpractice, you could be eligible for compensation, but there are usually limits to what you can claim and there are types of compensation that you are able to seek. Your medical malpractice attorney will be able to help you figure out what damages you should claim and what type of settlement or award you can expect to receive. Understanding the types of compensation is important to winning your case.

    General damages are those that relate to potential loss of income from medical malpractice or pain and suffering claims. They are difficult to pin down, sometimes, which is why expert witnesses are necessary. Special damages are those that can be calculated such as medical claims, lost wages from missed work, and disability modifications to a home. These are proven by paperwork and receipts. Punitive damages are designed to punish a provider for an extreme malpractice case.

    5. They Communicate With Insurance Companies and Providers

    Medical negligence lawyers in Kansas City are experienced in dealing with insurance companies and medical providers, so when you hire one, you no longer have to communicate directly with them. In fact, once you get representation, they can no longer legally contact you and instead, must go through your attorney. This removes the pressure from you because you don’t have to worry about saying something that could harm your case or that you might miss a filing deadline.

    Additionally, you also won’t be pressured to accept a settlement from the insurance company that is far less than what you deserve. Even though your medical malpractice attorney will bring any settlement offer to you for review, they will also advise you on whether it is an acceptable offer or if they think you are entitled to more compensation. Insurance companies will try to get you to accept the lowest possible amount, but a lawyer will fight on your behalf.

    6. They Have Courtroom Experience

    No one wants to have their medical malpractice claim go to court. It is much easier to settle and be able to put the incident behind you as much as possible. However, in some cases, court is unavoidable, especially in tricky cases or when the medical provider is disputing fault. In these cases, you don’t want to go into court on your own, because you know the provider will have an army of attorneys ready to argue their case.

    An experienced Kansas City medical malpractice attorney will have already argued many cases in front of a judge, jury, or both. They will know exactly what evidence is needed to convince them that your claim is valid and who they need to hear from. While it isn’t guaranteed that you will win your case if it goes to court, you have much better odds of winning if you go in with an experienced law firm by your side.

    7. They Are Invested in Your Success

    Most medical malpractice attorneys in Kansas City are hired on a contingency basis, which means they don’t get paid unless you settle or win an award in court. For this reason, they are highly invested in the success of your case and will do everything they can to ensure you prevail. They’ll treat you like a member of their own family to get you the compensation you deserve, and will always advocate in your best interests rather than those of the insurance companies.

    The other benefit of your attorney working on a contingency basis is that you don’t have to come up with the funds to hire them or expert witnesses to help win your case. These fees will all be taken care of out of your settlement or award. This takes financial pressure off your shoulders so you can continue to heal from your injuries rather than focusing on how you’re going to pay for your lawsuit.

    The bottom line is that medical negligence & malpractice cases are very complicated and hard to prove. Therefore, it is one area of law that you really need to have a Kansas City medical malpractice lawyer by your side. Contact The Nail Law Firm immediately to schedule a consultation so you can get the compensation you deserve.

    Frequently Asked Questions

    With a contingent-fee agreement, your attorney does not charge a direct, hourly rate or require a set retainer fee. Instead, the attorney receives a percentage of the settlement or verdict as payment. This arrangement allows many injured persons to bring lawsuits that they would otherwise be unable to afford.

    Our main office is located at 201 W 47th Street in Kansas City, Missouri. We're on the 2nd floor of the building on the Southeast corner of 47th and Wyandotte on the Country Club Plaza. Both street and garage parking are available.

    It’s a good question. However, there is no one-size-fits-all answer to the question when to file a personal injury lawsuit. To put it one way, anytime you have suffered injuries due to someone else’s negligence and you are at risk of not receiving adequate compensation, it is likely you will need to sue in order to be properly compensated.
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