ERNST & YOUNG
There is no doubt that advances in medical technology have made it possible for doctors to provide better healthcare. However, medical professionals are human too, which means they are prone to errors. Errors in the medical world translate to costly mistakes and family suffering. Millions of Americans are subjected to untold suffering and expenses due to the chase of quick profits. Medical product manufacturers have been found guilty of rushing through new products without proper testing.
If you, or someone you care about, suffer due to any medical-related reasons, you may deserve compensation. However, to earn it, you will have to jump through many legal hoops and prove your case. Here are five reasons why you need to hire a law company to help you get justice.
1. Get Professional Appraisal at No Cost
Proving a medical product liability case is very challenging. Medical cases, in general, are complex and understandably highly scrutinized. Therefore, you need a lawyer to analyze the circumstances of your case and help you determine its strong points if you have a case.
There are many forms of medical malpractice cases. Medical malpractices are the most common. These cases arise when medical professionals stray from standard procedures and end up injuring or killing a patient.
In such a case, the burden of proving negligence on the part of the professional is on you. The most commonly reported claims of medical malpractice include:
- Diagnostic and treatment failures
- Unnecessary and negligent surgeries
- premature discharges
- Birth injuries
- Wrong medical dosages
An experienced lawyer should advise which angles are best to attack if you have a strong case. Most strong cases rarely reach trial, as insurance companies would instead end the matter as early as possible. If you are among the lucky, your lawyer will help you understand how much compensation you deserve and how much you can settle for.
2. Know Who to Sue for Injuries
Many medical product liability cases get thrown out because the complainant failed to sue the right defendants. This is very common in cases where a medical device fails, causing injuries and even death. The complex ‘chain of distribution’ in the American healthcare system is very confusing. An experienced lawyer would help you figure out who to sue, for how much, and for what.
In many cases, the defendants in medical products liability cases can be:
- Device manufacturer – New medical devices are naturally very complex. This is because they use the latest technologies to overcome the technical challenges of human anatomy. The device manufacturer may have a case to answer if you are seeking compensation for device malfunction.
- Hospital or clinic – An institution licensed to provide medical care is an independent body responsible to its patients. As a part of the medical device distribution network, they can also be sued for negligence and selling defective products.
- Doctor or health professional – Doctors often recommend medical devices and procedures to patients. They are also responsible for their actions (or inaction) that put patients in danger. This includes installing untested medical devices.
- Retail supplier – If you purchased a medical device from a pharmacy, drug store, or a designated retailer, you could also sue them for damages. Being the last point in the chain of distribution of a medical device, the retailer is also liable for any damages the device causes.
3. Only Pay When You Win
A good medical product liability lawyer would charge you on a contingency basis. This means that you do not incur any costs unless you win the case. After the initial consultation, the lawyer should estimate the strength of the case and determine the risks involved.
Medical-related cases are complex, take long, and can sometimes be unrewarding because maximum payouts are capped. For instance, In Maryland, the payouts for medical malpractice suits are capped at $845,000 in 2021, up from $830,000 last year. In taking the case, the law practitioners are absorbing more of the risk than the defendant.
Are you worried about legal fees? Perhaps the medical product injuries were extensive and cost you an arm and a leg? Do not worry about if you do not have the money; most medical product liability defendants rarely ever have enough money to sue.
It is the responsibility of the lawyer to ensure that the case wins and you get paid. If you do not get compensated, they do not get paid. Do your part of scheduling a free evaluation, and your advocate will handle the rest.
4. Let a Professional Handle Your Negotiation
Many medical device-related cases rarely ever make it to court. Insurance companies and agents are constantly trying to maintain the reputations of their clients, device manufacturers. They try as much as possible to prevent cases from making headlines to avoid problems with the FDA. Consequently, many cases are settled out of court in budgeted settlements.
If you have a strong case, there may be a chance that the insurance company will try to settle the case as soon as possible. This not always be the right choice because insurance companies start their negotiations very low.
However, with an experienced legal negotiator, you stand a better chance of fair compensation.
The initial settlement negotiations are often a match-up contest between your lawyer and the insurance company legal team. Choosing a lawyer who demonstrates passion and has mastered legal negotiation will be a significant determinant of how the case will turn out.
5. Champion for Accountability in The Medical Industry
Suing a medical practitioner or device manufacturer is not just about compensation. It is also about teaching the big medical technology companies, hospitals, and doctors a lesson. By suing for compensation, you inherently force these companies to be accountable for their products.
The right legal representation should help you along in realizing that you must stand up for others. As a rule of thumb, you should find a law firm that specializes in medical products liability cases because they have experience dealing with insurance and their lawyers. Compensation is only a small part of what you should expect when finding the right lawyer to represent you in a medical product liability case.
Learn More About Hiring a Medical Product Liability Lawyer
Do you suspect that a device or human error may have caused you or someone you care about unnecessary pain and expenses? Contact Weltchk Mallahan & Weltcheck today and schedule a free consultation. WMW is a specialist medical malpractice law firm that has succeeded where others have failed. It has made a name for itself in Maryland for taking on the most prominent hospitals, insurance companies, and corporations.
Who Can You Trust with Your Case?
Have you or a loved one been injured due to negligence? We want to help. Don’t hesitate to contact us if you believe you have a case; time is an important factor. Interested in learning more? Get in touch with us so we can better evaluate and serve your needs in getting the justice your loved one deserves. You may very well be entitled to compensation.
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