When we are contacted by individuals regarding hiring a medical malpractice attorney, costs and income become a part of the discussion often. There can be many reasons for this topic to come up, but for some people, a serious medical injury can impact their ability to work. Once their ability to work is compromised, money can become scarce.
The purpose of this Maryland medical malpractice educational article is to help you understand how some attorneys in Maryland handle medical malpractice cases when their clients have limited income. Because this information is general in nature, be sure to speak with the attorney you are looking to hire about the specifics of representation for his or her firm.
HOW TO PROVE MEDICAL MALPRACTICE IN MARYLAND
Before tackling hiring a medical malpractice attorney with a small budget, it is important to jump back and understand what is needed to prove medical malpractice in Maryland. Since medical malpractice is a form of negligence, it is governed by negligence principles. These principles are
- DUTY
- BREACH OF DUTY
- CAUSATION
- DAMAGES
In addition to the above, Maryland law requires the use of medical experts to give an opinion regarding things like the standard of care. What this means is that a plaintiff (the person bringing the lawsuit) must have an expert(s) to say that the treating doctor fell below the standard of care owed to the plaintiff, causing the damages/injury.
Without the use of these medical experts, the case against the defendant(s) in a medical malpractice case will more than likely not be successful. Many people are not aware of this important requirement in these types of cases.
HIRING A MEDICAL MALPRACTICE ATTORNEY…
To be able to get those medical opinions, medical experts must be used. When hiring a medical malpractice attorney, the attorney will more than likely take care of these issues. For many attorneys in Maryland, the use of a contingency fee agreement is what allows many plaintiffs to be able to purse their claim.
A contingency fee agreement is an agreement made in writing between the client and the attorney/law firm in which the client agrees to allow the attorney to recover a percentage of the recovery (settlement/jury verdict) in payment of the legal fee. In addition, the agreement can allow the attorney to recover the costs associated with advancing the case to be paid back out of the recovery.
One huge benefit of the contingency fee agreement is that it allows people of all income types to be able to afford an attorney to help them with their medical malpractice/personal injury cases. As I stated above, remember to speak with your specific attorney about the fee arrangement associated with your situation. In addition, remember to only sign the agreement if you understand the terms. If you do not understand the terms there is no harm in asking the attorney to explain them before signing.
DID A DOCTOR CAUSE YOUR MEDICAL INJURY?
To speak with me further regarding your injury at the hands of a doctor or hospital, this is what I invite you to do. Pick up the phone and give me a call. I can be reached at 301-850-4832. I answer Maryland birth injury and medical malpractice questions just like yours all the time and I will be happy to listen to your story.
Marcus B. Boston, Esq.
Boston Law Group, LLC
2 Wisconsin Circle, Suite 700
Chevy Chase, Maryland 20815
1-833-4 BABY HELP
