Do I Need a Lawyer to File a Medical Malpractice Lawsuit?

In most states, you are legally allowed to file and pursue a medical malpractice claim without first retaining a medical malpractice lawyer. In practice, though, doing this is almost never a good idea—not just because of the legal complexities of these cases, but also because of the financial and personal ones.

Here are just some of the reasons why you will likely need help from an experienced legal professional to get a favorable result from your medical malpractice lawsuit. If you have further questions about your legal options and how your particular case may proceed, one of our attorneys can offer additional information during a free case evaluation.

What Do You Need to Start a Medical Malpractice Case?

While the exact proceedings may vary somewhat from state to state, virtually every medical malpractice lawsuit must begin with a lengthy investigation into the “grounds” for the claim. For a court to even allow you to file this sort of claim in the first place, you will need extensive documentary and testimonial evidence showing that you suffered harm as a direct result of a doctor breaching a “standard of care” owed to you.

You will also generally need support from at least one qualified medical expert willing to that there was a breach in the standard of care in order to file suit, or shortly thereafter. Organizing all of this information and compiling it into a strong civil claim is something that virtually no malpractice victim is prepared to handle entirely on their own.

How Hard Is It to Pursue a Malpractice Claim Alone?

In addition to the legal difficulties you may encounter, filing a medical malpractice lawsuit without help from a seasoned lawyer can also be extremely difficult in physical and emotional terms. Going to court can be exhausting even if you have an extremely strong case and are confident you will get a good result. Any complication whatsoever can drag the process out and exacerbate the pain and suffering you are already experiencing because of your healthcare provider’s negligence.

Is Hiring a Medical Malpractice Lawyer Expensive?

Even if you understand the legal and emotional obstacles you might encounter if you try to pursue your medical malpractice claim alone, you may still be hesitant to get a lawyer’s help because of worries about how expensive it would be. Most of the time, though, medical malpractice lawyers work on “contingency,” meaning you pay nothing up-front for their services and do not pay them anything ever unless they get a result that gets you paid for your damages.

In addition, lawyers who work on contingency will factor their own compensation into the amount of money they demand from the people liable for your injuries. So, you will not miss out on any compensation because you get professional legal help. You will almost always recover more than if you filed suit without legal representation.

Talk to a Trusted Attorney About Filing a Medical Malpractice Lawsuit

Every medical malpractice case is unique. With almost no exception, though, hiring a reputable lawyer should be a top priority if you want to give yourself the best chances possible of getting paid what you deserve. Call Price Benowitz today to discuss your potential claim.