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Thursday, July 7, 2022

MEDICAL DEVICE NEWS MAGAZINE

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10 Reasons Your Healthcare Business Should Have A Lawyer

Healthcare businesses are those where having an attorney on retainer is a must, and while not every single legal matter requires an attorney to be there, it’s a smart plan for a business to have one. In fact, almost every single business in the world has a lawyer attached to it.

There are plenty of situations that require a legal mind, and in healthcare, it’s one of the most important things you can have in the background of your business. Healthcare is an industry that is complex and filled with potential lawsuits, and if you want to go it alone without a lawyer, you might find that you are in hot water later on.

Owning a healthcare business is hard enough, but when you are in the healthcare sphere you have so much more to consider. An experienced medical malpractice attorney on your side is going to be a comfort more than anything else. It means that when you have someone working for you in that capacity, they can catch the issues as they fall. They can get you out of a number of issues that you might not be able to get out of on your own. As a business owner, you’re not expected to know everything there is to know about medical law – not when there are experts to do it all for you.

Every single business owner has legal issues that differ from the rest, but if you know you have someone backing you in your corner, you’re going to feel much better about those issues. Without an attorney, you could open yourself up to a lot of hot water without support. So, if you are still wondering whether you should have a lawyer on retainer, here are 10 reasons your healthcare business should have a lawyer.

  1. The law is a complex thing to learn. You are not a lawyer. You are running a business and that’s what you’re good at. If you’re not a lawyer, the chances are you don’t know the law in the necessary depth, and so you shouldn’t think about acting like a lawyer. Experienced lawyers don’t usually represent themselves in a court appearance, so it’s not a good idea for you to do it! Even the most solid case and defense can completely unravel if you don’t have someone who is experienced and expert on the case in question. Without having a lawyer to get your business started, you could end up with a lot of exposed legal issues that tie you in knots.
  2. You could spend more money. You might think that a retained lawyer on your books is an expense that you can do without, but see it as insurance. You pay for life insurance but you’ll never see the payout from it. Your family, however, will benefit. You might pay for a lawyer on retainer, but you do so in the hopes that you never have to use them to fight your legal battles for you. A case can determine whether you spend time in trouble with the authorities or not, and you want someone there for you to catch you and your business should things go wrong. Not having a lawyer on standby could be costlier long term as if an issue comes up, you need to hire someone to work with you.
  3. They can challenge the evidence. Would you know how to challenge evidence put to you if there was a case open? Without the right legal training, you might not know whether a key piece of evidence is a key piece of evidence to look at it. You also won’t know whether evidence is obtained properly or not – but a lawyer would. A lawyer would be able to tell you all of this and they will be able to tell you whether you have a case or not. They know how to challenge all of the evidence in front of you and they will be able to manage it all to help you to get through any case thrown at you.
  4. You could file the wrong documents. When you’re going through a legal case, you need to have all of your documents lined up to win, right? Well, if you aren’t an attorney you might struggle with getting everything together for deadlines on time. You also might incorrectly file a document and that could be the smoking gun an opposite side would need. One late filing could throw out an entire case, and if you are up against one it’ll be the last thing that you want.
  5. They will have the right access to experts. Lawyers are experts in what they do and they are able to gain access to witnesses that you might not have available to you. Attorneys always depend on an experienced, external network of people to help their case. Most business owners out there don’t know the professionals who can help with challenging a case – but a lawyer can.
  6. They will represent your case. A medical malpractice case against your facility can be a downfall to your business, and a lawyer could be the only person to present your case in the strongest light. If your facility or your employee is at fault, then you need to think about whether you can stand up and talk about the evidence pointing directly at you. You can explain your options and avoid penalties before any kind of trial starts.
  7. Prevention is better than cure. As a business owner, you’ll always look to prevent and avoid problems before they begin, and your lawyer is there to help you with that. It can be much easier to do those things than fix the problems later on. You need to remember that your legal counsel is going to help you to avoid many different issues down the road, including things like contract signing. You might not know about the fine print and how to read it, but your lawyer will! They will help you to prevent issues and not just cure them.
  8. They will negotiate for you. Experienced and expert lawyers can battle in the courts on your behalf. They have known cases like yours and they can make a good guess of how to protect you, too. Sometimes, settling out of court is the better option but they will be the authority on that for you. You don’t have to worry about that kind of thing if you have a lawyer worrying about it for you. They can negotiate fairly on your behalf, too.
  9. The other side will have one. If there is one reason you need a lawyer, it’s because the person who brings a case will have one, too. They will have a lawyer working on their behalf and this person is going to be someone you don’t want to go head to head with if you are lacking in legal knowledge. The law is complex, and you need someone who can match an adversary inch for inch. You don’t want to be unequal – you need to be able to hold your own and an attorney backing you will help you to do that.
  10. You can get consultations for free. If you are going to have to hire a lawyer to have one retainer, you need to speak to a range of them first. You can get a free consultation with each option to start with and that will help you to decide who the best attorney for you will be.