If you have been harmed by medical malpractice, your case will play a critical role in your recovery. This means it is important to take the matter seriously from the start.

It is generally advisable to leave all discussions with insurance companies in Charlottesville medical malpractice cases to your skilled legal representatives. Our experienced medical malpractice attorneys at MichieHamlett PLLC could help you, so call us today.

What Do Medical Malpractice Cases Involve?

First, it is important to understand what a medical malpractice case entails. To bring a successful medical malpractice claim, you must establish the following basic elements:

  • The medical professional owed you a duty of care, which the doctor/patient relationship establishes
  • The medical professional engaged in professional negligence of some kind
  • That negligence was a cause of the harm you experienced
  • You suffered losses as a result

Professional Negligence

Professional negligence means the doctor did not live up to the standard of care set by the medical profession. This standard hinges on what other reasonable medical professionals with the same level of expertise would have done under similar circumstances. If the doctor took an action that their medical peers would not have or failed to take an action that their medical peers would have, it could be professional negligence.

The insurance company that represents the at-fault doctor will be highly invested in ensuring that professional negligence is not established, but your legal counsel may work hard to prove it occurred. To protect your case, it is vital to have a Charlottesville medical malpractice attorney speak to the insurance company on your behalf.

The Causal Relationship

Proving medical malpractice also requires proving cause and effect when it comes to professional negligence and the harm you experienced. This involves challenging legal intricacies that our knowledgeable medical malpractice lawyers could address.

The Claimant’s Legal Damages

The final requirement is proving the full scope of your losses. This includes current and ongoing medical expenses, lost wages and reduction in earning potential, and physical and emotional pain and suffering. In Virginia, compensation is capped at a specific amount.

The insurance company will do everything it can to weaken the claim. This includes diminishing the settlement amount if they cannot disprove professional negligence or cause and effect.

Encouraging Claimants To Speak Up

Insurance companies work hard to maximize their profits. One strategy they often use is to speak to the claimants themselves. If they can get you talking, there is a good chance they can coax a statement out of you that could damage your claim.

Decline the Invitation To Make a Statement

Our seasoned medical malpractice attorneys strongly advise our valued Charlottesville clients not to talk to the insurance company about the case. In fact, leaving all communication to your lawyer is always the best practice. The insurance company knows what questions to ask to evoke the kinds of answers they are looking for.

Take a Break from Social Media

Posting on social media while your medical malpractice claim is pending could result in providing the insurance company with more information than you realize. This makes it wise to take a break from social media during this time.

Reach Out to a Charlottesville Lawyer Today To Speak With the Insurance Company on Your Behalf in a Malpractice Case

Talking to insurance companies in Charlottesville medical malpractice cases is not advised. Our knowledgeable attorneys at MichieHamlett PLLC care about you and your case. We are well prepared to help guide you smoothly through the legal process in pursuit of an optimal outcome, which includes negotiating with the insurance company on your behalf. Learn more by contacting us online or giving us a call today.