If you think you have a case for a malpractice lawsuit, your first step should be to contact a medical malpractice attorney. But how can you tell if your case qualifies, or what the likely outcomes will be? The personal injury attorneys of Goicoechea, DiGrazia, Coyle, & Stanton in Elko, NV, recommend keeping these facts in mind as you evaluate your care, so you can decide whether to pursue legal action.

Facts About Medical Malpractice

1. The Legal Definition of Medical Malpractice

First, you won't be able to build a successful claim unless your case fits the legal standard for malpractice. A health care provider may have committed malpractice if they didn't provide the recognized standard of care—what a reasonable provider would have done under same circumstances—and the patient had a negative outcome because of their negligence.

2. Not All Negative Outcomes Qualify

Not all negative outcomes indicate a malpractice suit. Your condition may be resistant to treatment—or simply incurable—through no fault of your provider. An attorney can help you determine whether your case qualifies.

3. A Provider Might Notify You of Negligence out of Self-Interest

Patients are more likely to settle out of court if they get an apology. Settling quickly out of court is often an insurance company's preferred course because a quick resolution means you may walk away before the true extent of the damages becomes apparent.

4. Medical Malpractice Cases Must Be Chosen Carefully

Once a case goes to trial, only about 30% will be decided in the victim's favor. To avoid wasting time on a doomed suit, the best way to evaluate your chances in a case is to speak with an experienced attorney.

5. You Can Decrease Your Risk of Experiencing Malpractice

Steps you can take to get quality care include getting second opinions, finding a new doctor if you aren't satisfied with yours, researching your condition, asking good questions, and speaking up when you think your provider is making a mistake or you don't understand an aspect of your care. The best malpractice suit is one you never have to file.

If you do need a medical malpractice attorney, contact Goicoechea, DiGrazia, Coyle, & Stanton. You can reach them at (775) 738-8091 to speak with an experienced lawyer Visit their online for a complete list of their practice areas, including civil litigation and wrongful death.