Dispelling Common Medical Malpractice Myths
When politicians decry that frivolous lawsuits put a huge burden on society, they are often referring to medical malpractice. They frequently cite huge jury awards for pain and suffering as proof that the U.S. needs tort reform.
But recent studies of empirical evidence from medical malpractice cases do not support this perception. A 2008 article published by the Association of Bone and Joint Surgeons, available through the National Institutes of Health medical library, debunked common medical malpractice myths, including the following:
- Juries tend to sympathize with patients
- Juries do not understand complex medical testimony
- Injured victims often prevail in court
- Jury awards tend to be higher than settlements
Juries are not easily swayed
The reality is that three out of four defendants, usually doctors, prevail in court trials. Juries take deliberation seriously and do not let the prospect of deep pockets influence their awards. Qualified malpractice lawyers in Maryland can tell prospective clients what they need to do to win in court.
Another myth is that medical malpractice cases must go to trial for victims to receive fair compensation. The reality is that most malpractice cases settle out of court for equitable compensation if the defendant is able to prove that medical negligence caused them harm. In Maryland, malpractice attorneys can often predict if a case can be resolved through negotiation and which might require litigation.
Highly respected medical malpractice lawyers recognize the potential downside to court battles, including the following:
- Trials can take years to resolve, including post-trial appeals
- Large jury awards can be overturned or reduced in appeals
- A jury may decide there was no deviation from the standard of care
- The strongest cases usually settle to avoid the time and expense of trial
Due to the complexity of medical malpractice, injured patients should consult experienced medical malpractice attorneys to determine if their Maryland case merits legal action.
Take action to preserve your rights
If you are looking for Maryland malpractice lawyers to help with a personal injury claim or lawsuit, the law firm of LeViness, Tolzman & Hamilton, P.A. offers effective, results-oriented representation. Please contact the firm at (800) 358-4LAW to schedule a free initial consultation.
How to Find Qualified Attorneys in Baltimore
In the event of a catastrophic injury due to an accident or medical malpractice, how can a victim find an experienced personal injury attorney to represent them? If a person is detained or arrested for a crime, what is the best way to determine which Baltimore attorneys can be trusted to provide a vigorous defense?
Whether a person is experiencing pain from injuries or sitting at the police station, it is especially difficult to find the right Baltimore attorney to fight for them. But in the age of search engines, finding lawyers and other professionals is far easier than the days of the phone book.
Many websites, such as Martindale.com, offer referrals to lawyers based upon user-defined criteria, such as preferred location or practice areas. Bear in mind that some are impartial sources while others receive commercial incentives to drive prospects to particular law firm websites.
Make the most of the initial consultation
In the initial meeting with an attorney, there are key questions a prospective client should be sure to ask, including the following:
- What percentage of your caseload involves personal injuries, medical malpractice, criminal defense, or other relevant area of practice?
- What is your success rate at winning significant settlements or jury awards for your clients?
- Do you have references from satisfied clients or industry awards and recognitions by your peers?
- What percentage of cases settled out of court versus in the courtroom?
- What customer service do you provide clients to steer them to optimal outcomes and keep them informed of progress towards a resolution?
Attorneys focus on particular areas of practice, and as with any profession, provide different levels of service and competence. By asking the right questions, prospective clients can be sure to make the most of their search and find the right lawyer for their particular circumstances.
Take action to preserve your rights
If you are looking for Baltimore attorneys to help with a personal injury claim or lawsuit or criminal defense matter, the law firm of LeViness, Tolzman & Hamilton offers effective, results-oriented representation. Please contact the firm at (800) 358-4LAW to schedule a free initial consultation.
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