It may
happen that a healthcare professional fails to diagnose or even gives a
wrong diagnosis. Or they may offer improper or wrong treatment, perform
an unnecessary surgery or give poor follow-up, etc. Such medical
negligence can harm the patient’s health and even turn fatal. Therefore,
the law holds the doctor as legally liable to pay damages and the
patient can seek legal representation from medical malpractice lawyers in Los Angeles, California.
However,
most healthcare professionals and facilities are protected by medical
malpractice insurance. So it is the insurance carrier that ultimately
handles the case and not the person who made the mistake!
This can alter the stakes in the lawsuit and have heavy repercussions on the final outcome.
To
begin with, the insurance company will appoint a claims adjuster whose
diktat is to avoid the claim or reduce it as much as possible. They will
use various tactics from denying the negligence or omission to even
holding you, the patient at fault! A series of negotiations may ensue as
it is in the insurance company’s interests to prolong the case as much
as possible. The intention is to get away with the lowest compensation
possible driven by the expectation that you will get fed up of the
delays and accept a low settlement or even give it up altogether.
In
case you decide to take the case to court, the insurance company will
have a battery of lawyers representing their interests. This will be
followed by a series of depositions, interrogations and motions where
the attorneys try to discredit your claims using tricky maneuvers and
other tactics. They may even call in expert medical professionals and
witnesses to support that the defendant party maintained the standards
of care and provided the best treatment possible.
This
is exactly why victims of medical malpractice are always advised not go
it alone. You should consult and retain experienced medical malpractice
lawyers in Los Angeles, California to file a malpractice lawsuit against the healthcare professional.
Your
attorneys will first establish a clear doctor-patient relationship and
clarify a conspicuous medical negligence before focusing on the extent
of injury and other damages. The evidence will strengthen your case and
lend credence to your claim. If needed, they may even get a medical
assessment to confirm the merits of the case. Finally, they will also
determine the extent of compensation available and whether it is prudent
to pursue the litigation or not.
Professional
attorneys make it a point to discuss the strengths and weaknesses of
the case with the client and discuss the possible outcomes. They will
keep you updated of the progress of the case even as they negotiate hard
with the insurance company to get you the maximum compensation possible
without backing down or bowing in to their pressure. If required, they
will take the case to court as well.
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