Top Ten Tips From Experienced Medical Malpractice Lawyers 1 "All We Do Is Injury Law": www.HSInjurylaw.

com, 1-800-752-0042 Toll Free Top Ten Tips From Experienced Medical Malpractice Lawyers Table of Contents Definition of Medical Malpractice..................................................................................... 2 How to Find a Qualified Medical Malpractice Attorney.................................................... 2 How Medical Malpractice Attorneys Get Paid................................................................. 2 The Time Limit on Making a Medical Malpractice Claim - Statute of Limitations............ 3 Damages You Can Recover on a Medical Malpractice Case.......................................... 3 Limit on the Amount of Damages You May Recover on a Medical Malpractice Case.... 3 Why Proving a Doctor Made a Mistake is Not Enough.................................................... 3 Why Filing a Medical Malpractice Case Will Not Ruin the Career of Your Doctor....... 4 Most Medical Malpractice Cases Do Not Settle Before Trial........................................... 4 If You Win Your Medical Malpractice Case You May Have to Pay Your Health Insurance Company Back............................................................................................... 4 About Our Law Firm and Taking Action... 4 2 "All We Do Is Injury Law": www.HSInjurylaw.com, 1-800-752-0042 Toll Free Medical malpractice law is a very complicated and time consuming type of personal injury. It requires the medical malpractice attorney to be completely familiar with the type of medicine that is the subject of the case and to be experienced enough in the area of medical malpractice to guide a medical malpractice victim through a very complex process. Definition of Medical Malpractice Medical malpractice is the label used to describe a mistake committed by a doctor or other medical professional which causes their patient bodily harm. However, it is much more than making a simple mistake. Medical malpractice occurs when a health care professional improperly treats a patient or performs treatment in an incorrect way. This is frequently described as the failure of a medical professional to comply with the appropriate standard of care in their field of specialty. This inadequate and/or inappropriate care can cause significant and permanent injuries. Occasionally, it can even cause death. How to Find a Qualified Medical Malpractice Attorney Unfortunately, many lawyers advertise on television and in the Yellow Pages that they handle medical malpractice cases when, in reality, they do not. The first signal you will receive from this type of lawyer is his suggestion that you allow him to refer you to a colleague. The best way to find a qualified medical malpractice attorney is to require that the attorney you are interviewing share with you specific case results that he has personally

achieved. It is also a very good idea to ask him for the names of former clients that he has personally represented who are willing to talk to you about the quality of his representation. NEVER EVER SELECT A MEDICAL MALPRACTICE ATTORNEY WITHOUT INTERVIEWING HIM OR HER IN GREAT DETAIL ABOUT HIS TRIAL EXPERIENCE IN THIS FIELD. How Medical Malpractice Attorneys Get Paid All plaintiff's personal injury lawyers, including medical malpractice lawyers, charge a contingency fee to represent medical malpractice victims. This means that if there is no recovery in your case, the lawyer gets paid no attorney's fees. The only thing you may be asked to be responsible for, if there is no recovery, are the costs associated with evaluating and processing your medical malpractice claim. If there is a recovery, the attorney will charge a percentage of that recovery. This percentage varies from attorney to attorney, but is usually between 33 and 45 percent of the gross recovery. Frequently, the percentage amount charged by the medical malpractice attorney is based upon what stage of your case a recovery was obtained. 3 "All We Do Is Injury Law": www.HSInjurylaw.com, 1-800-752-0042 Toll Free The Time Limit on Making a Medical Malpractice Claim - Statute of Limitations Every state has established a time limit within which a medical malpractice victim must assert his or her claim. This time limit varies, from state to state. It can be as short as one year, or as long as five years. If you think you have been a victim of medical malpractice, you should contact a qualified medical malpractice attorney immediately to determine what your time limitations are. As an example, Virginia has a two year time limit, while Maryland has a three year time limit. Damages You Can Recover in a Medical Malpractice Case If the medical malpractice results in serious personal injuries, the medical malpractice victim can recover for any bodily injuries sustained and their effect on the victim's health according to their degree and probable duration. In addition, a medical malpractice victim can recover for any physical pain he has suffered in the past and any that he may suffer in the future. A medical malpractice victim may also recover for any medical expenses that he or she has incurred as a result of the mistake, as well as any loss of earnings and lessening of earning capacity that the medical malpractice victim may have suffered. If the medical malpractice results in death, the surviving family members of the medical malpractice victim in Virginia may recover for their emotional damages, as well as the amount of financial support they may have reasonably expected from their loved one. In addition, they may recover for the cost of care, treatment and hospitalization of the victim as a result of the injury which resulted in death, as well as reasonable funeral expenses. Limit on the Amount of Damages You May Recover in a Medical Malpractice Case Most states impose a limit on the amount of compensation a medical malpractice victim may obtain, but a few states do not. However, some states, such as Virginia, impose an overall cap on the total amount of compensation a medical malpractice victim can

obtain. Other states, such as Maryland and Georgia, only impose a cap on noneconomic damages. In those states, a medical malpractice victim can receive full compensation for his economic losses, which include lost wages and medical expenses. Non-economic damages are compensation for pain and suffering, any decrease in your quality of life, and the trauma associated with your injury. Why Proving a Doctor Made a Mistake is Not Enough There are two reasons why simply proving a doctor made a mistake is not enough to win a medical malpractice case. First, doctors can make mistakes that do not result in them being guilty of medical malpractice. In order to prove medical malpractice, you must be able to establish that the health care provider failed to conduct himself in accordance with the appropriate standard of medical care. This must be proven through expert witness testimony. The other reason why simply proving a health care provider made a mistake is not good enough relates to the fact that the law requires that the medical malpractice resulted in injury to the victim before compensation may be paid. If a medical mistake results in no injury and no loss to the victim of that mistake, then the law does not allow compensation. 4 "All We Do Is Injury Law": www.HSInjurylaw.com, 1-800-752-0042 Toll Free Why Filing a Medical Malpractice Case Will Not Ruin the Career of Your Doctor The short answer to this question is NO. Virtually every health care professional in the United States today carries medical malpractice insurance which pays for their defense of the medical malpractice claim and will pay for any settlement or verdict that you may obtain against that health care professional. Most medical malpractice claims have no impact whatsoever on the professional lives or careers of health care professionals. Most Medical Malpractice Cases Do Not Settle Before Trial Although many medical malpractice cases can be settled without the need for a trial, many of the medical malpractice cases that are filed today do not settle. This is because the insurance industry that insures health care providers has spent millions of dollars making sure that laws are passed to limit the rights of patients to get to trial. Most medical malpractice cases are hard fought by the insurers, so it is extremely important that you select a highly qualified medical malpractice attorney to help you with your case. If You Win Your Medical Malpractice Case, You May Have to Pay Your Health Insurance Company Back The answer to this question largely depends on the law of the state where the malpractice occurred and a federal law called ERISA. Many states, such as Virginia, have laws that generally forbid traditional health insurance companies from recovering their money from a medical malpractice victim who makes a recovery. Other states do not have such laws. To answer this question regarding your case, it is very important that you consult with a qualified medical malpractice attorney. About Our Law Firm and Taking Action Thank you for downloading and reading through this guide. We hope it was helpful and provided answers to some of your questions. Now that you've read through the guide, the next step is to contact our firm to set up a free, confidential consultation so we may

evaluate your potential case. We cannot legally state we are the best medical malpractice injury law firm. However, we can tell you that many of our lawyers have been selected for the highest honors in our area of injury law and two of our lawyers are listed in the "Best Lawyers in America" (since 2011; Shapiro, Lewis). In addition, our firm has been listed as one of the Best Law Firms" for personal injury law by U.S. News & World Report (since 2011). Furthermore, three of the attorneys at our firm possess the "AV" Preeminent rating from Martindale-Hubbell, one of the best known lawyer rating services in the country. Three lawyers with our firm have been designated Virginia "Super Lawyers" ('06 Lewis; '10 Shapiro, '11 Appleton). 5 "All We Do Is Injury Law": www.HSInjurylaw.com, 1-800-752-0042 Toll Free In October of 2000, our law firm and co-counsel obtained a record-setting verdict, which was the largest in Virginia's history, for an injured person suffering a traumatic brain injury ($60 million, with interest). If you have checked our firm's website, you understand that we have handled complex cases successfully, and our track record of million dollar settlements and verdicts speaks volumes. Our firm has represented thousands of injury victims. In fact, our firm motto is All We Do is Injury Law." That means all day every day, we focus exclusively on personal injury cases. In fact, our attorneys have over 100 years of combined legal experience. We have offices in Virginia Beach and Hampton, VA along with an office in Elizabeth City, NC, and importantly, on faulty product injuries or deaths, dangerous drug and medical device cases, we accept and work on cases nationwide. If you cannot travel to any of these offices, we will come to you. Contact our office at 1-800-752-0042. If you cannot get through due to high call volume, or if it's after hours, please leave a voicemail and we will return your call promptly.