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How to determine whether to pursue a malpractice case

If you believe that you or a loved one have been the victim of medical malpractice, the first thing that you should do is consult a Mississippi medical malpractice attorney who can help determine whether what happened is indeed malpractice under state law. There are statutes of limitations for filing medical malpractice suits. Don't let your right to justice and compensation be denied because you waited too long to act.

There are a number of questions to consider when determining whether or not to move forward with a malpractice case. Some of these can be answered by your attorney. Others you need to answer yourself.

The evidence (or lack thereof) is essential in determining whether to proceed with a case. Your attorney can help you determine whether there is sufficient evidence of medical malpractice to pursue a case. Often, plaintiffs bring in neutral doctors or other medical personnel to explain to the jury and/or judge what the normal standard of care is for a particular case and how that was breached.

You need to determine the appropriate personnel and entities to sue. There have been cases where plaintiffs didn't receive compensation because they sued parties who had little or no part in the negligence. In some cases, hospitals are legally responsible for doctors' actions and in others they aren't. This is something that your attorney can determine.

Of course, the cost of litigation is also a consideration for most people. Many medical malpractice attorneys take cases on a contingency basis. That means that their clients don't pay any attorney fees unless and until they receive a settlement or judgment.

Finally, it's essential to consider the emotional cost of bringing a malpractice claim. These cases can be long and complicated. The evidence presented by both sides can be very personal since it deals with your health. If you're suing a large hospital, you can count on it having a legal team that will fight back hard. You need to be certain that you and your family are up to seeing the case through.

An experienced malpractice attorney can help you work through these questions so that you make the best decision for you. Many people who pursue medical malpractice cases do so not just to seek justice for themselves or a loved one who has died, but to help prevent the same thing from happening to someone else.

Source: Huffington Post, "6 Things You Should Consider Before Filing a Suit for Medical Negligence," Toby Nwazor, May 24, 2016

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