Ask a Surgical Error Lawyer: 6 Steps to Build Your Case

Unfortunately, errors during surgery happen from time to time, and they can cause a lot of misery. If you’ve been a victim of surgical errors in Baltimore then you may be liable for compensation, however, many people aren’t aware of the many steps required to build a case against their surgeon. From finding a quality surgical error lawyer to claiming your compensation, these are the steps you must take when building a legal case.

Ask a Surgical Error Lawyer: 6 Steps to Build Your Case in Baltimore

1. Find Your Lawyer

The first and foremost step you’ll need to take to build a solid case is to find yourself a professional surgical error lawyer in Baltimore. It is the job of these lawyers to deal specifically with surgical complaints and medical malpractice, so they can help you understand your rights and where you stand from a legal perspective.

It is always a good idea to have a look around at your options. The internet is a great place to start, as many websites advertise their specific lawyers, showing how many years’ experience they have and what they specialize in. It is generally a good idea to find a company or a lawyer with plenty of experience, or one that has medical malpractice and surgery errors listed on their “settlements and verdicts” page.

2. Work Out What Your Case Is

Once you’ve found a good lawyer, it’s time to start building a case. Organize a meeting with your lawyer to go over the legal details based on state laws. Firstly, you’ll need to provide proof of a professional “doctor-patient relationship” before the surgical procedure. If your surgeon agreed to do the procedure then that makes them liable as they had a legal obligation to care for you.

3. Collect Evidence

Before you take your case to court, you’ll be expected to bring substantial evidence with you that can help prove that your expectations were not lived up to or that the surgical error has affected you in other areas of your life. Your lawyer can help to get the relevant documents from the hospital, but it will be up to you to take photos or videos of your problem or bring proof you had to take time off work or lost out financially due to the surgical error.

Along with these, you should also bring all medical bills relating to the incident, too, so your lawyer will have a better idea of how much has been spent or lost from this medical malpractice.

4. Speak to Other Medical Professionals

To help build your case, it can often be a good idea to enlist the help of another medical professional who can discuss what the standard protocols in the industry are and whether or not your surgeon is liable. Try to speak with someone who neither works with nor personally knows the person you are trying to build a case against, as they may have strong biases.

If you have chosen a professional local lawyer from here in Baltimore, they should have their own contacts within the industry who they can regularly ask for help in these matters, so this is another reason choosing the right lawyer is essential.

5. Find Proof of Negligence

From discussing with medical and legal professionals in the last few steps, you should by now have a good idea of what your case is. Now, you’ll need to find proof that substantial care or negligence by the surgeon directly impacted your surgical error. At this stage, you may be asked to provide proof that you have no underlying health problems that may have also had an impact on the worsening of your condition.

6. Find Out Your Options

Now you have a legal case behind you, you’ll need to discuss with your lawyer what your legal options are. Compensation can help with mental stresses involved from financial loss you have incurred while out of work, and it can also be used to return to a hospital to have your problem fixed properly. How much compensation you receive is based on a variety of factors, including the total financial costs and the price of the medical care you may need.

By talking with your hired medical professional, you can work out what these procedures may cost and so get a better idea of how much compensation you can expect to receive. Or, if you’d rather try something else rather than surgery, your doctor may recommend other treatments, and the compensation you receive should cover this too.

Building a surgical error case can be a difficult process, which is why we always recommend getting the help of an experienced surgical error lawyer to give you a better understanding of where you stand legally. In Maryland law, medical malpractice cases can only be filed within 5 years of the incident, so a quality lawyer will be essential to speed the case along.


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