DELAWARE MEDICAL MALPRACTICE LAWYER

Medical malpractice falls under personal injury. But this does not mean every medical malpractice lawyer you come across out there is experienced. To find the best, you need to consider the following factors. 

Consider Their Experience

Even for seasoned attorneys, proving medical malpractice is one of the most difficult things to do. This is because medical malpractice laws are complicated. What you may consider as malpractice may be different in the legal spectrum.

For example, to prove medical malpractice, you, the plaintiff, must demonstrate that:

• a doctor-patient relationship existed between the two parties;
• the doctor or health care provider acted negligently;
• their negligence was the primary cause of the injury, and;
• the plaintiff suffered specific damages due to the injury.

While these may seem like simple elements on paper, they are difficult to prove. Here's an example of a scenario that demonstrates the complex nature of medical malpractice laws. 

Jane undergoes cosmetic surgery but does not like the results. Unsatisfied, she files a medical malpractice lawsuit against her plastic surgeon. Even though Jane might have a genuine malpractice claim, the defense can argue that she is simply unhappy with the results, and that's the reason she is suing the surgeon.

To prove medical malpractice, the plaintiff's attorneys must demonstrate that the surgeon acted negligently. And that's not even enough to convince the court or the other party. The defense must also prove that another competent surgeon would have obtained better results with the surgery. 

Keep in mind that doctors are not required by law to provide the best services possible. Instead, they only need to prove that they performed the procedure reasonably and skillfully.  

The burden is usually heavier on the plaintiff's side when it comes to medical malpractice laws because they need to prove negligence. Yet, all the defendant has to do is prove they acted skillfully and reasonably regardless of the results. 

Don't forget that there's also the issue of statute of limitations.

In Delaware, you have up to two years from the time the medical malpractice was committed to file a lawsuit against the party responsible. The two-year clock begins to count from the moment the healthcare provider does or neglects to do something that causes the injury to you or your loved one. 

But some medical malpractice cases are never the same. Some injuries may take longer to show than others.

While Delaware acknowledges this fact, the state's laws are not so favorable to victims of medical malpractice. Delaware requires that if the malpractice cannot be discovered within the first two years, the victim has one more year to prove it. 

The only exception to this rule is if the care provider fraudulently and intentionally concealed the malpractice, preventing you or your loved one from discovering it. In other words, all a healthcare provider has to do is hope that you don't file a claim within the first three years of the malpractice. 

Unfortunately, some medical malpractice injuries take more than three years to discover.  

For this reason, you need an attorney with proven experience handling such cases. At Morgan & Morgan, our personal injury law firm boasts over 800 experienced attorneys. So when you need a medical malpractice attorney, we can never run out of options to choose from. We'll assemble a team of some of the best attorneys available to fight for your right to compensation. 

Examine Their Track Record

Given that medical malpractice is much more difficult to prove, you cannot risk hiring just any personal injury attorney you find out there. Instead, you need an attorney with proven results and a positive track record in this industry.

For instance, at Morgan & Morgan, we have been in the business for more than three decades! Over the years, we have faced thousands of insurance companies, including large corporations, in and out of court. We do this for one reason — to fight for the rights of individuals like you. 

But if you don't believe our words, we have the numbers to prove it. 

In 2021, we helped a client in Fort Lauderdale, Florida, recover over $175,000 as compensation following medical malpractice. Bear in mind that the pretrial offer for this claim was $20.

The same year, our medical malpractice attorneys, Keith Mitnik and Craig Stevens, helped our clients Russell and Deborah Crouch recover $625,000 as compensation for medical practice. This case had a pretrial offer of $125,000.

In 2020, our medical malpractice attorney Grant Kuvin helped a client recover $750,000 as compensation for medical malpractice. 

The list is endless. 

Evaluate Their Legal Resources

One of the reasons most medical malpractice lawsuits attract huge compensation is because malpractice can change someone's life forever. For instance, a careless mistake during surgery could paralyze particular parts of your body for life. This could mean not being able to apply for certain jobs or accomplish specific tasks, depending on the nature of your injury.

But you shouldn't expect insurance companies to be generous with their pretrial offer. In fact, despite the seriousness of medical malpractice, we've witnessed some insurance companies provide such victims with a pretrial offer of as low as $20. 

So why do insurance companies provide such lowball offers even when they know the actual value of your claim? The answer is simple — they know you can't prove malpractice on your own. 

Secondly, they know that you will need a competent and experienced attorney to even have a chance to win slightly more than the initial offer. 

Lastly, they know that even if you hire an experienced attorney, the attorney may not have the required legal resources to investigate the claim and build a strong case against the insurance company. In addition, as we mentioned earlier, the burden of proof usually weighs heavier on the plaintiff's side.

So when a medical malpractice attorney tells you that they have been in the industry for many years, that is a good sign, but unfortunately, that's not good enough. Experience aside, you need an attorney who has access to unlimited legal resources. That's what you get when you contact Morgan & Morgan medical malpractice attorneys for a free case evaluation. 

At Morgan & Morgan, we are the largest personal injury law firm in Delaware and the entire nation. We have invested in powerful legal technology and the resources required to face any individual or entity in the country. So when insurance companies write you a check for $100, we are here to tell you that you deserve more, and we will utilize every resource available to us to prove it. 

From conducting thorough investigations, interviewing witnesses to collecting expert opinion, or anything in between, we do not have limits when fighting for our client's rights. 

Check Their Reputation

Delaware is home to many personal injury law firms. Whether you live in Wilmington, Dover, Newark, New Castle, Middletown, or any other city in The First State, you can never fail to come across a personal injury law firm ready to take on your case.

But, what's their reputation when it comes to medical malpractice?

At Morgan & Morgan, our Delaware office has an average of 4.9 stars on Google. Nationally, our law firm has over 28,000 5-star Google reviews!

If you don't believe us, we hope you can at least believe clients who've worked with us in the past. 

Reputation provides everything you need to know about a law firm. And, when it comes to personal injury representation, no other law firm in the United States comes close to Morgan & Morgan.

This is because we don't need any introduction in this industry. We have taken down some of the most influential individuals and companies in the healthcare industry, and we will continue to do so because we believe in protecting our client's rights. 

Consider Their Area of Specialization

By now, you hopefully understand that medical malpractice laws are complex, even when the malpractice is obvious. For this reason, the last thing you want is to work with a general personal injury attorney. Just because they specialize in personal injury does not mean they have the capacity or experience required to handle your case.

But that's not even the point here.

The point is, medical malpractice is also broad. For this reason, you need an attorney that specializes in your specific type of malpractice. 

Let's look at it from a different viewpoint to put this into perspective.

Suppose you need knee surgery after a slip and fall incident. In that case, would you be comfortable working with a general surgeon or someone who specializes in knee surgery? 

The truth is, you need someone who is specialized in your specific type of injury, and the same applies when it comes to medical malpractice.

At Morgan & Morgan, we have hundreds of specialized attorneys to handle your specific claim. Don't hesitate to contact us for a free case evaluation, whether you need an attorney to file a claim for dental malpractice, birth injury, cancer misdiagnosis, botched plastic surgery, or anything in between. We can always guarantee the right expert to handle your specific case.

Knowing what to do when you suspect medical malpractice could be the difference between recovering thousands of dollars as compensation or losing it all. Here are some tips to guide you throughout the entire process.

Keep It Off Social Media

Social media has become part of our lives now. So when you are a victim of medical malpractice, it may be tempting to seek comfort and support through your friends and family on social media.

But there's one thing you may not be aware of - defense attorneys are also on social media. Law firms have social media teams working around the clock to dig information from victims like you, hoping to find something to help dismiss your claim. So to be on the safe side, avoid talking about the incident on social media. 

Contact an Attorney Right Away

We can't stress enough the importance of contacting a Morgan & Morgan medical malpractice attorney. This attorney will evaluate your case and suggest the best way forward based on their experience in handling similar cases. Given that each medical malpractice case is different, only an attorney can further explain what you need to do and what to avoid as they create a strong case against the liable party.

By now, you understand the various factors you need to consider when looking for the best malpractice lawyers in Delaware. The good news is that Morgan & Morgan ticks all the right boxes when you need such an attorney. Whether it is a case of birth injury, dental malpractice, failed plastic surgery, diagnosis, or anything else, we are just one phone call away.

Not sure if your case qualifies as medical malpractice? No problem; just fill out the free case evaluation form on our website, and one of our legal representatives will get in touch with you as soon as possible. Alternatively, you can call Morgan & Morgan Delaware offices at (302) 648-9140 to speak with one of our representatives.