While the Charleston medical malpractice case process may seem daunting at first, know that you do not have to face it alone. A professional injury attorney from Howell and Christmas can help to guide you through the different steps involved to ensure that your claim is valid and will provide a strong argument against an insurance provider. Read on to learn more about what goes into the Charleston medical malpractice case process, as well as the ways a compassionate lawyer could offer you their assistance today.
Opening a Case
The Charleston medical malpractice case process begins with the potential plaintiff contacting a dedicated injury attorney from Howell and Christmas. Often times, the facts involved in medical malpractice can be very complicated. The lawyer will ask the individual to prepare a chronology of everything that happened, including all medical providers involved in their treatment and care, dates and times, and also the procedures that the patient has undergone.
Upon reviewing this information, they will make a decision as to whether or not they will open a file. If they open a file, one of the first things they do is contact an external professional in the medical field and send them all of their medical records for a smell test. The professional will help give an opinion as to whether or not a potential medical malpractice case may be justified being brought.
Importance of Contacting an Attorney as Soon as Possible
It is urgent to contact a medical malpractice lawyer early on in the Charleston medical malpractice case process because evidence can and does disappear. Memories fade and witnesses could move away. To prevent this, an investigation should be started as soon as possible to help hold a negligent medical professional liable for their actions. For these reasons, reaching out to an attorney at the outset of a case can be critical for preserving one’s chances at receiving the maximum recovery.
Investigating during the Charleston medical malpractice case process typically involves one or more third-party professionals gathering all of the medical records at the very beginning. It also involves the lawyer educating him or herself on that particular area of medicine. Every medical malpractice case is different. Medicine can be complicated. Sometimes, they actually will choose to pay an external professional in the field to educate them on the medicine that applies to the particular case so they can act as a witness later in court.
Settling vs Litigating a Claim
Medical malpractice cases are unique in a number of ways. One way is that they rarely settle prior to filing a lawsuit because the insurance carriers know it is expensive to prepare a case for trial, and that juries in the Charleston area are reluctant to return verdicts for plaintiffs against medical professionals. The insurance companies will push a plaintiff to prepare and be ready for trial most of the time.
The strength of the case is the primary factor in whether a case is tried or not. Medical malpractice cases are often settled at mediation, which is mandatory in South Carolina. Sometimes medical malpractice cases even settle on the courthouse steps, but it is not easy to determine whether the cases that are settled out of court are due to the strength of the case.
A strong case against a medical professional will have an insurance carrier more motivated to settle and get rid of it rather than risk a large verdict. In comparison, the insurance carrier would be less likely to settle when the damages are not very high. A strong liability case with low damages is more likely to get tried.
The Charleston medical malpractice case process can be complex. Consider contacting a determined injury attorney from Howell and Christmas today for legal guidance throughout bringing your claim.