Based on data from the National Practitioner Data Bank, only 3% of malpractice cases go to trial. This scenario shows how many victims chose not to continue their lawsuit because of the impending costs. However, how much does it cost to pursue a medical malpractice lawsuit in San Diego?
In this guide, we’ll dig through the facts and discover the actual numbers coming with a medical malpractice lawsuit. Later on, you’ll find out the advantages of hiring the best San Diego medical malpractice lawyers for a case like this. So, stay with us as we uncover the truth about pursuing a medical malpractice lawsuit in San Diego, California.
What is a Medical Malpractice Lawsuit?
Suppose you were a victim of injuries from a medical procedure such as surgery, treatment, or evaluation done by any medical professional. In that case, you’re eligible for compensation from the at-fault and can file a medical malpractice lawsuit against them. To make things simpler, you can ask for help from the law experts from San Diego, who will guide you through the ins and outs of your case and answer all the questions you may have.
How to File for a Medical Malpractice Lawsuit?
Contact Your Medical Practitioner
Whether it’s a physician or nurse, simply contact your medical practitioner before filing for a lawsuit. Confirm what has happened and discover what has gone wrong during the medical procedure. By doing this step first, you can talk with the medical professional about what they can do with the outcome of the practice.
This situation can either lead to the medical practitioner fixing the problem for free or assist you in solving the issue with treatments.
Seek Help from the Medical Licensing Board
When things don’t go well with your medical practitioner, it’s time to seek help from the medical licensing board. They are responsible for medical licenses. Even if they can’t force the professionals involved to pay you, they still have the power to revoke the license of these people or give warnings when the practitioner doesn’t want to help you with the situation.
Process Your Legal Complaint
Once your medical practitioner agrees to help you, they will be responsible for creating a legal complaint wherein they will outline the mistakes they have made during the procedure. Afterward, the negotiations and settlements between the parties begin before the trial starts.
Prepare Every Document
From medical files, clinical notes to health billing information – you must prepare all of these documents as your proof to assist you with your medical malpractice lawsuit. You can also have your medical malpractice attorneys do everything on your behalf if you have no idea about which documents to prepare.
How Much Does It Cost to Pursue a Medical Malpractice Lawsuit?
In most cases, lawyers usually charge their clients contingent fees, and the standard percentage is 33% of the total claims received from the medical malpractice lawsuit. This fact means if a victim loses from the trial, they won’t have to pay any legal fees to their lawyer.
Additionally, another cost victims have to shoulder is expert witnesses fees. You have to pay your witness hundreds or thousands of dollars per hour to review and testify on behalf of you.
This cost is also known as the most expensive fee in the whole lawsuit because a witness can spend about 20-30 hours on a case. Lastly, patients also have to pay for court fees such as filing charges needed to get copies of medical records from a hospital legally.
Moreover, in some cases, lawyers offer to pay the initial costs of the lawsuit. And once it all goes in your favor, most medical malpractice lawyers will ask for reimbursement of the fees out of the claims you receive from the at-fault party.
To sum it up, the overall costs of pursuing a medical malpractice lawsuit depend on how much your lawyer asks from you, your witnesses’ fees, and the court costs. On the brighter side, your attorney can offer to pay the initial costs from you, and you will just reimburse the costs after you receive your claims. If you need assistance with a medical malpractice case, it’s best to seek help from a medical malpractice lawyer. Opt for the ones who offer free consultations so you can get a walkthrough of the process before taking any action.