UNDERSTANDING YOUR LEGAL RIGHTS AFTER A MEDICAL NEGLIGENCE INCIDENT
INITIATING YOUR MEDICAL MALPRACTICE CASE
PRESERVATION OF EVIDENCE
Our experience has shown that in cases involving serious injuries or a death arising from the negligence of a doctor or other medical professional that insurance companies for the at fault parties oftentimes retain lawyers and experts and investigate an incident before the victim has retained an attorney to represent their interests. That is why it is important to contact an attorney immediately if you or a loved one has been seriously injured or a death has occurred in a case where you believe medical negligence has occurred. An experienced attorney can insure that important evidence is preserved and witnesses are located.
In certain types of cases, there are specific rules governing how evidence is to be preserved in order for that evidence to be later admissible at trial. If evidence helpful to your case is not properly and legally preserved, that evidence may not be allowed before the jury. For these reasons, an experienced attorney should be consulted as soon as possible after an injury or death arising from medical malpractice has occurred
PROVING YOUR CASE
An expert witness is required to prove a medical malpractice case. The type of expert witness and the required experience and certifications they must possess are in most cases, if not all, very specific and particular. Knowing what type of medical expert is required to prove a particular medical negligence case requires experienced counsel. As in other negligence cases, the person injured or the family of the decedent killed as a result of medical malpractice must prove that the medical doctor or other medical professional owed a duty to the injured or deceased person, and that they breached that duty when they injured or caused the death of the victim. In medical negligence cases, however, proof of medical negligence requires the affidavit of an expert to be filed in court by the victim or the family of the victim at the outset of the case. If such affidavit is not filed, the case is subject to dismissal.
Ensuring that the requirements and proof necessary for establishing your medical malpractice legal case have been met is another reason why consulting an attorney shortly after a medical malpractice incident is recommended. Otherwise, if the legal elements of your case cannot be established with proper admissible evidence, you will have an unfavorable outcome.
PROTECTING YOUR LEGAL RIGHTS
COMPENSATION TO THE VICTIM AND THEIR FAMILY
Some of the common elements of damages that a victim or their family can seek compensation for are past and future pain and suffering, permanent disabilities and disfigurements, lost income, and medical expenses. Spouses can also recover for the loss of services of their injured or deceased spouse, which is commonly known as loss of consortium.
What elements of damages you may be entitled to seek and recover in your case is dependent on the facts and the applicable law. This is another reason seeking the advice of seasoned counsel that can properly evaluate your case is of paramount importance.
RETAIN EXPERIENCED COUNSEL
While there are a number of factors that will impact how much compensation you should receive for your injuries or the death of a loved one, we will meet with you and discuss your case during a free initial consultation.* If after your initial consultation you decide Rumsey & Ramsey should represent you, the firm will represent you on a contingency fee basis.**
At Rumsey & Ramsey, you will have lawyers that have the experience to handle your case from the early crucial stages of preserving evidence and locating witnesses, followed by asserting your rights through the judicial process, and subsequently making sure that you or your family receive fair and just compensation.
Please click Results for a sample of some of the results Rumsey and Ramsey has obtained in different types of Personal Injury and Wrongful Death cases. Please contact Rumsey & Ramsey at (770) 394-9400 to discuss your case or other legal inquiry with an attorney.
*Free initial consultation only applies to personal injury, wrongful death, and property damage cases.
**Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.
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