Medical Malpractice Lawyer Philadelphia On What Makes A Case Worth Filing

leading philadelphia medical malpractice lawyer

leading philadelphia medical malpractice lawyer

It is no secret that there has been a continuous rise in the number of medical malpractice cases filed.  This causes a lot of concern for medical practitioners; doctors already pay a chunk of their income to medical malpractice insurance.  While this may seem to indicate that people and their legal counsels are filing malpractice complaints left and right, that is far from the truth.  People who feel they have been injured or damaged by errors committed by medical professionals actually have to prove their case worthy of the attention of medical malpractice lawyer Philadelphia.  Medical malpractice lawyers, many of whom are members of organizations such as the American Board of Professional Liability Attorneys, are very selective in accepting cases for litigation.

A medical malpractice lawyer in Philadelphia has to exercise great care in selecting cases to try because he wants to protect his track record.  There is also the very important consideration that he only gets paid a portion of any settlement or court awarded compensatory damages.  If he does not manage to win the case or convince the defense to settle extra judicially, he gets nothing for all his troubles.

So what makes a Philadelphia medical malpractice lawyer decide that a case is worth filing?  Here are a few factors they consider:

a)       The first thing they consider is the extent of the injury or damage suffered by the victim.  If the damage is significant, then they can ask for a substantial amount in damages.  That means the lawyer can confidently spend a lot of time and resources pursuing the case.  There are times when the real extent of the injury or damage suffered by the victim takes a back seat on what can be proven.  If the lawyer feels he can prove significant injury and damage, then the case is worth pursuing.

b)       Lawyers also focus on the presence or lack of documentary evidence they would need to prove an incidence of malpractice.  There must be sufficient evidence the victim is a patient of the doctor.  There must be evidence of the doctor’s error or deviation from accepted norms of treatment for patients with the same condition.  Any injury or damage suffered by the victim should be properly documented.  And there must be a way to prove that the injury or damage suffered by the victim was caused by an error committed by the doctor.

c)       Lawyers also do background checks on both the victim and the subject of the complaint.  Some people turn out to be trying to make a living out of filing malpractice complaints.  And some doctors already have more than one other malpractice suits filed against them.  Malpractice lawyers ideally want to represent clients filing their first malpractice complaint against a doctor who’ has already been reported for malpractice previously.

d)       The estimated proceeds from a settlement or court-awarded compensation should be able to cover the cost of litigation and leave a portion for the lawyer and the victim to share.

If a leading Philadelphia medical malpractice lawyer accepts your case that means you have a good chance of winning.  Be as open as you can about the facts of the case to make it even easier for your lawyer to obtain the compensation you deserve.