Medical professionals should exercise reasonable standards of care toward their patients. But they can also deviate from these standards in their profession by committing some negligent acts. And when that breach of duty results in an injury to the patients, it constitutes medical malpractice. It’s a legal cause of action against a medical professional who causes harm to a patient through negligence. Some examples of medical malpractice can include wrong diagnosis, surgical errors, and other medical mistakes that lead to injuries.
So, if you’re a victim of medical malpractice, you may be eligible to file a lawsuit against the erring medical professional. The purpose of the case is to obtain compensation for all your damages, including medical bills, lost wages, pain and suffering, and many more. However, the filing process can be confusing and complicated if you don’t know where and how to start.
Read on to learn the three-step guide on filing a medical malpractice lawsuit.
- Hire A Medical Malpractice Lawyer
According to Kenneth Sigelman & Associates, medical malpractice laws can be complicated, especially in establishing liability. That’s why when you decide to initiate a medical malpractice lawsuit, it’s best to seek legal assistance from an experienced lawyer. They can help prove that the medical professional’s negligent acts caused you an injury. They can evaluate the facts of your case and determine the best ways to support your claim and obtain the compensation you deserve.
Moreover, having a medical malpractice lawyer from a reliable law firm can also provide you with solid legal representation. They follow the court processes and prepare the necessary paperwork to file the lawsuit in court successfully.
- Gather Evidence Of Malpractice
Now that you have a lawyer to help you with the lawsuit, it’s time to assemble some pieces of evidence of medical malpractice. You may be unable to win your case and recover compensation if you fail to prove the medical professional’s negligence.
With that in mind, it’s essential to substantiate your lawsuit by gathering the following evidence with the assistance of a medical malpractice lawyer:
- Medical records;
- Photos of the injury;
- Testimonies of the witnesses;
- Medical expert opinions and statements.
Once you have the evidence in place, your lawyer can start investigating your case. For instance, they can examine the evidence to prove the elements of medical malpractice. First, they need to identify a doctor-patient relationship and if the doctor has followed the duty of care. Next, they’ll determine if there’s a deviation from that standard of care. Finally, they’ll establish the proximate causation between the injuries and the breach of the duty of care.
- Prepare To File Your Lawsuit In Court
After the investigation, your lawyer is ready to file the medical malpractice lawsuit on your behalf in court. Since medical malpractice cases follow specific statutes of limitations in filing one, it’s essential to initiate your suit as soon as possible to improve your chances of obtaining damages. Also, your failure to file the case within the allowed time frame means you’re waiving your right to seek compensation for all your losses.
When filing a malpractice lawsuit, the following steps should be kept in mind:
- Your legal counsel will prepare all the necessary paperwork to begin the legal process.
- After that, the doctor or hospital being sued will receive a notice of the suit to provide them with the opportunity to defend themselves. At this point, they’ll contact their insurance companies and defense lawyers to begin their investigation and decide on their position.
- Once the investigation is completed, the negotiation between the parties will commence. During this stage, you and the defendants will discuss the issue to reach an amicable settlement. The lawyers for both parties will present their position on the matter and negotiate to resolve the case without court interference. But depending on the amount of money involved and the case’s merit, the negotiation process may take some time before a settlement is reached.
- If both parties have agreed upon no settlement, the lawsuit will proceed to trial where a jury will hear both parties’ arguments before issuing a judgment. If they decide the case in your favor, you’ll be awarded compensation for your economic and non-economic damages.
Final Thoughts
Like other personal injury cases, filing a medical malpractice lawsuit can be a lengthy and time-consuming process. If you’re unprepared for the legal process, you may be unable to receive the compensation you fairly deserve.
Therefore, if you’re looking to ease the financial and emotional burden of being a malpractice victim, keep this guide from start to finish. That way, you’ll have the best chance of recovering from your injury to get your normal life back in time.
