When your health fails you, you turn to doctors for help. But when doctors fail you, who can you turn to? Look for lawyers specializing in medical malpractice—they’re the kind of attorneys who can help you obtain compensation when you’re injured from a medical mistake.
In 2016, researchers at Johns Hopkins Medicine said medical errors were the third leading cause of death in the United States. It’s incredible to think that medical malpractice has become so common. But it’s the unavoidable truth. If you’ve been so unfortunate as to be affected by it, seeking an attorney for malpractice should be your next step.
What Do Attorneys for Malpractice Do?
Lawyers specializing in medical malpractice represent victims of negligence or substandard care by medical professionals. By “represent” we mean they fight for justice on your behalf. That could mean negotiating a settlement with your negligent practitioner or presenting your case in court.
Of course, there’s a lot more to it than that. A lot of work goes into building a medical malpractice case. They’re often so complex, that only a special type of attorney can handle them. Malpractice lawyers need knowledge of both law and medicine.
Now let’s talk about the specific tasks lawyers specializing in medical malpractice handle:
- Listening to your story and examining it to see if you have a case
- Gathering medical records
- Consulting with medical experts
- Pinpointing who was negligent, what they did wrong, and when
- Filing a lawsuit on your behalf
- Negotiating with your healthcare provider’s insurance company
- Representing you before a judge and jury if your case goes to court.
- Protecting your rights as a victim
- Seeking fair compensation for the harm you suffered
What Is It Like to Work With Attorneys for Malpractice?
Unfortunately, holding a healthcare provider responsible for negligence isn’t as simple as filing a complaint and waiting for them to make restitution. There are very few cases where hospitals or doctors readily admit mistakes.
This is why victims of negligence work with lawyers specializing in medical malpractice. These lawyers are prepared for the opposition they’re going to get from practitioners and their insurance companies. They also provide legal guidance and support when families don’t know what their legal options are.
Should you choose to work with a medical negligence attorney, here’s a general overview of what the process might be like:
- They’ll sit down and talk with you about what happened. This is called an “initial consultation.”
- Then the attorneys conduct a thorough investigation of the circumstances surrounding the alleged malpractice. To do that, they have to gather medical records, pore through them, and consult with medical experts.
- After investigating, the attorney establishes whether the healthcare provider did something wrong, and when. In legalese, that “wrong” has to be an action or inaction that deviates from the standard of care. (Standard of care is the care that any reasonable doctor in the same field would provide under similar circumstances.)
- If the lawyer finds your case viable, they’ll accept the case. You must accept on your end as well.
- Next, it’s time to start building a legal strategy. The legal team will gather all the evidence that supports your case.
- Your lawyer may then negotiate a settlement with the opposing party. If a settlement can’t be reached, your attorney will represent you in court. But that’s the least likely scenario since most medical malpractice cases are resolved with settlements.
Can I Represent Myself?
Well, legally, you can. But the real question is, should you represent yourself? We’re going to be honest here. Trying to represent yourself against healthcare insurance companies (whose modem operandi is “deny, deny, deny”) is like trying to convince a hungry lion not to eat you.
But we’re not just saying that because we’re a law firm. There are concrete reasons why hiring representation gives you an advantage::
- You’re likely to get more money. Accident victims who hired attorneys received 40% more money than those who represented themselves. (According to a study from The Insurance Research Council (IRC)
- Filing a lawsuit takes a lot of time and energy. Going through a physical illness or injury is stressful enough. Adding the burdens of gathering evidence, negotiating with insurers, and calculating damages could take a toll on you and your family.
- Attorneys for malpractice know the playing field. They’re familiar with special rules and nuances that only come with medical malpractice cases. They have ample experience that gives them a better chance of winning than someone unfamiliar with the territory.
How Are Malpractice Attorneys Paid?
Unfortunately, sometimes victims don’t seek legal help because they’re worried they can’t pay an attorney. But most lawyers specializing in medical malpractice don’t charge anything upfront.
They work on a “contingency fee” basis. This means you don’t have to pay anything unless they obtain money for you. They’ll take their fee out of this compensation. If you get nothing, so do they. So you have nothing to lose, and everything to gain.
If you’re thinking of representing yourself because you’re worried that a lawyer will take too much of your compensation, remember that research shows people who use lawyers obtain more money in general than those who don’t.
At Hampton & King, we believe in transparency. We’re upfront and honest about our attorney’s fees from the beginning. On our case results page, you can see what each client received, and what expenses and attorney’s fees were paid. The usual contingency fee for a medical malpractice attorney (in 2024) is around 33% of the plaintiff’s award. But the fees for more complex cases can go up to 40%.
Types of Cases We Handle
Medical malpractice cases are some of the most complex. But we don’t shy away from them. Our lawyers, Harley Hampton and Christopher King have 70 years of experience between them. They’ve guided countless families through some of the most difficult cases, often spending several years fighting for their clients until they receive justice.
We are one of the few firms that handles ONLY medical malpractice and personal injury cases. The cases we’ve fought and won for our clients include:
- Birth injuries
- Negligent resuscitation
- Brain injuries
- Medication errors
- Anesthesia errors
- Delayed diagnosis or misdiagnosis
- Surgical errors
- Negligent PACU monitoring
- Negligent radiation
- Negligent traction application after an accident
View a list of our case results here.
How Our Attorneys for Malpractice Can Help You
Our attorneys for malpractice at Hampton & King aren’t just legal experts. They’re our dedicated allies in the pursuit of justice. When you’ve suffered from medical negligence, you deserve more than just representation. You deserve compassion. This is why we don’t just “handle cases”, we become advocates. Behind every case is a hurting family who needs someone to listen, and that’s what we do. We’re dedicated to providing the guidance and support you need during this difficult time.
We understand the emotional and financial toll of medical malpractice. So whether it means spending months or years negotiating settlements or presenting your case in court, we’re committed to securing the compensation you deserve.
When you’re ready, give us a call. Consultations are free and obligation-free.
