When you’ve been injured by a medical error, you need a medical malpractice lawyer with the skill, resources, and experience to navigate Maine’s complex medical malpractice system.
Nearly every day, the lawyers and staff members at Berman & Simmons receive calls and emails from people in Maine who have been harmed by medical malpractice. We are contacted by people across the state of Maine about healthcare negligence that has caused death or serious injury.
People who have been injured by medical errors turn to us for help facing these life-altering situations. Perhaps they need a lawyer because their doctor failed to diagnose a serious health condition like cancer. Or they have lost a loved one due to a medication error or a mistake by a nurse. Each of these callers knows they have suffered a terrible injury in the course of receiving healthcare. What they need to know is if there is a path to justice through Maine’s complex medical malpractice system.
No matter the circumstances, most people who contact us feel stressed out and overwhelmed. They have a lot of questions oftentimes have never talked to a lawyer before.
Let us put your mind at ease. The process of speaking with us should absolutely not add to your stress. It doesn’t need to be scary or intimidating. In fact, working with one of our lawyers is simpler and easier than most people think.
In this article, we discuss what you can expect from contacting our medical malpractice attorneys.
4 common emotions people experience in medical malpractice cases
Failures in our healthcare system — including hospital injuries and errors by doctors, nurses, and other providers — are among the leading causes of injury and death in Maine and around the U.S. People who have been harmed often feel betrayed by the professionals and institutions they once trusted. So it’s no surprise that for them, emotions run deep.
Here are some common emotions people are feeling when before they contact us about a potential medical malpractice case:
1. Nervous about the process.
This is especially true for people who have never needed to consult with a lawyer. You may be wondering how you can contact a lawyer if you don’t understand the medical jargon related to your care, or if you don’t have copies if your medical records.
Let us assure you that we talk to people every day who are facing the most difficult challenges of their lives. You do not need to have any notes prepared. All you need is to be yourself, speak with us honestly, and be willing to tackle your problems with us.
We will walk you through the medical malpractice process, from getting access to your medical records, to talking to you about your follow-up care. Everything we discuss is confidential and protected under the law. It is never a waste of time for us to work with people in need of help. That’s why we do what we do.
2. Worried about money.
Many people who contact our medical malpractice lawyers are already struggling to make ends meet. They have a table piled high with medical bills and other debts. They’ve lost time at work, or are disabled. Naturally, they can’t take on other expenses. They want to know: How much will it cost for a lawyer to review and take on my case?
You pay nothing up front and nothing unless we win your medical malpractice case. We will talk with you, evaluate your situation, including doing research and thoroughly reviewing your medical records, free of charge. This is true even if we decide you don’t have a viable claim. If we do take your case and win a settlement or a jury verdict in your favor, a percentage of the compensation goes to pay for our costs and the work done by our legal team (i.e. record gathering, filing fees, document handling, travel, etc.). The percentage varies depending on the details and complexity of the case.
3. Hesitant to take on a lawsuit.
“I’m not the type of person who sues someone.” “I’ve worked with my doctor for years and really respect him/her.” If this is how you feel, you’re in good company. It says a lot about your values and that you view the justice system and lawsuits seriously. So do we.
There’s often discomfort or feelings of hesitancy when taking legal action against another individual or an organization. We understand that. But there are other factors that must be considered. When doctors are negligent and someone is hurt or killed, they must be held accountable. This helps make sure healthcare companies put safety first. Our civil justice system is designed to provide you with fair compensation if you are harmed by the negligence of others.
4. Angry at the situation.
Your life has been turned upside down. Maybe your doctor didn’t listen to you or talked down to you. You couldn’t get clear answers. You felt isolated, overwhelmed, and powerless. These are common experiences of people who have been harmed by medical malpractice.
We give you the space and time to express that anger. It’s our job to listen and make sure you are heard! The frustration you have experienced, in fact, is part of your case. We want you to feel safe and protected and we will do everything we can to help you regain your voice, your power, and get back to living your life.
Step by step: From the first conversation to a decision about your case
Clients come to Berman & Simmons through a number of different ways. Some are referred to us by other law firms or individual lawyers throughout Maine, New England, or around the country. Others hear about us through relatives, friends, or searching online.
Always, the first task is for us to determine whether or not you have a valid medical malpractice claim. It’s important that you contact us as soon as you believe you have been injured by medical malpractice, because Maine has strict time limits for pursuing a medical malpractice claim. To make sure there is enough time to evaluate and prepare your potential case, it’s critical to contact us as soon as possible if you think you might be a victim of an error by a doctor, hospital, nurse, or other healthcare provider.
These are the initial steps we will go through to evaluate your potential medical malpractice case:
- STEP 1: Free Initial Evaluation. When you call us or fill out the simple form on our website, you will be connected with a trained Intake Specialist who will gather information from you about your potential case. Everything you tell us is completely confidential and protected under the law. One of our medical malpractice attorneys will then review your potential case to evaluate whether a medical malpractice claim might be successful under Maine’s laws.
- STEP 2: Medical Record Review. Many medical malpractice cases require looking at the patient’s medical records. We will assist you with getting access to your records so that our medical malpractice lawyers can confidentially review them.
- STEP 3: Research. If necessary, we will conduct in-depth research about your particular medical conditions, medical history, and treatments. We will consider whether there are national guidelines or standards that your providers may have failed to follow.
- STEP 4: Follow-up conversations. Our lawyers and staff members will be in touch if they have any additional questions for you, or simply to let you know what’s happening. Also, you may check in with them at any time.
- STEP 5: Case decision. We will let you know if we will move forward with preparing for a medical malpractice lawsuit and discuss what’s involved next, such as filing a Notice of Claim, the discovery period, the pre-litigation panel hearing required for all medical malpractice cases, and, when warranted, the filing of a lawsuit. Or, we will let you know upfront if we don’t think you have a claim that would succeed under Maine’s laws.
Why choose Berman & Simmons to handle your medical malpractice claim?
Results. We have won more medical malpractice cases than any other firm in Maine and achieved record-setting jury verdicts and settlements.
Reputation. Founded more than 100 years ago, the firm is recognized nationally for its record of success in trials, a fearless approach to litigation, and for standing up for working people against powerful defendants.
Relationships. We care about our clients. We listen. We follow through on our promises. You’ll have a team behind you…
Resources. We are the largest medical malpractice firm in Maine, and have an unmatched ability to bring the resources needed to success in Maine’s costly and complex malpractice system.