Winning medical malpractice cases is not easy, even for the trained legal professionals who have chosen this difficult field of practice. If you are under the impression that the big malpractice case wins are brought on by luck, then you are wrong. It also does not matter much whether there has really been an incidence of medical malpractice; what matters is what can be proven. It takes a lot of hard work for a Philadelphia medical malpractice lawyer to be able to obtain just compensation for his client. That is why they do not take anything for granted in their pursuit of justice for the people they represent. You can find excellent representation through McLaughlin & Lauricella, P.C. Trial Attorneys site.
Here are some of the steps a Philadelphia PA medical malpractice lawyer would be expected to take to ensure victory:
a) He will be advised by organizations like Medical Malpractice Trial Lawyers Association, to be choosy with cases he agrees to represent.
He will study the circumstances very well to determine whether a prospective client has a case that warrants the filing of a full-blown medical malpractice complaint. He will need reassurance that whatever injury or damage the client claims to have suffered is severe enough to deserve substantial amounts of compensation. He will need to feel confident that the any potential award for damages would be more than what the litigation would cost.
He will need to be confident he can prove that the client has suffered significant injury, permanent disability or damage. He needs to be almost sure he can prove that the injury his client has suffered is a consequence of negligence or malpractice on the part of a medical professional. He needs to be sure he can prove that the injury suffered by the client happened at a time the client had a doctor and patient relationship with the offending physician or medical practitioner.
b) He needs to enter into an agreement with the client. The client needs to be advised on the realistic chances of winning. He needs to provide an approximation of the size of compensation they can expect the court to award should they win, or in out-of-court settlements. Then before signing an agreement with the client, he needs to lay out the terms: what portion of the win will comprise his compensation, what he expects the litigation to cost, and if he is willing to advance other costs.
c) He needs to strengthen the case in every manner legally possible. He needs to compile documentary evidence to support the malpractice claim. He needs to hire investigators to dig into the background of the defendant and any witnesses they may have in the hope of casting doubt on their credibility.
d) He needs to explore the need and practicality of entering into an out-of-court settlement, especially if at any time he finds his case shaky.
Being careful in every aspect reduces the chance of failure – and that is something that malpractice lawyers can ill afford. That is a blow to their batting average and their bottom line as well.