Every medical malpractice case begins with medical negligence. Medical malpractice is what breaks the trust patients have in medical professionals. When you go for treatment at a medical facility or medical professional, you expect to be looked after with the best medical care and respect. Medical negligence errors are the third-leading cause of death in the U.S. after heart disease and cancer. Unfortunately, medical malpractice is common. And not many of us know how a medical malpractice lawsuit works or how to go about one.
A recent Johns Hopkins study says that more than 250,000 people in America die yearly from medical errors. Other reports claim the numbers to be as high as 440,000. Simply put, medical negligence is the failure to provide the proper medical care, which leads to a patient getting hurt. As a clear example of the consequence of negligent acts, the Tylenol autism lawsuit settlement information is an important piece of the larger puzzle of medical malpractice lawsuits. Therefore, it is essential to hold healthcare professionals accountable when they fail to follow the right procedures and standards that keep patients safe. This post will discuss the five stages of a medical malpractice case in the U.S.
For this reason, most medical professionals will protect themselves with plenty of malpractice insurance. Although this insurance can be expensive, they consider it a worthwhile expense for the protection it provides.
Those physicians who opt for tail coverage malpractice can even be covered for any retroactive claims made before they purchase the insurance policy.
This insurance will pay for any legal fees and the payments awarded by the courts to any former patient who has filed a claim.
They will also be provided with the best attorneys their insurance can buy. The malpractice process will involve the collaboration of both physicians and attorneys to combat the claim. This post will discuss the five stages of a medical malpractice case in the U.S.
1. Talk To An Attorney
Consulting a proficient medical malpractice attorney is the first step in your case. Before a lawsuit is filed, you should always discuss the situation with an attorney to truly understand the case’s legal perspectives.
Consulting a lawyer will allow them to analyze the facts of the case and better understand how you were injured. Your lawyer can evaluate your case and determine whether it is worth pursuing.
In most cases, an aggrieved patient isn’t sure whether or not they have a strong chance, which is why it is necessary to talk to an attorney with experience in the field of medical malpractice. Your lawyer will also explain the legal requirements for filing a medical malpractice claim and the potential costs involved. Certain injury-related cases can be handled without professional help, but a medical malpractice claim is not one of them.
2. Obtain Medical Records
In medical malpractice cases, medical records are usually the best evidence. To go ahead with the case, you must have proof that the healthcare provider did not meet the standard of care to prove a medical malpractice claim. To do so, you must have copies of your medical records. Due to privacy laws, you must sign a release allowing your attorneys to obtain copies of your medical records. You can begin this process as soon as you believe you have a case on hand. Giving a copy of your records to your attorney as soon as possible will allow them to analyze the subject thoroughly and obtain medical opinions from experts such as doctors, nurses, and other professionals, who could also serve as witnesses in your case.
These records ideally have to be reviewed by a third-party expert to determine whether or not the health care provider met the standard of care.
3. Inform The Medical Professional
Whether you do it formally or informally, you must notify the healthcare providers and their insurance companies of a potential lawsuit. This is usually done after you have gathered the necessary evidence and reviewed it with your attorney. In some states of the U.S.A, this is a requirement before taking the matter to court. Typically your attorney will send a letter to the provider informing them of the claim and requesting a suitable resolution.
4. Filing the Complaint
The last and final step before going ahead with a medical malpractice case is drafting and filing a complaint in court. It informs the court and the other person involved that you will seek compensation for your losses. If the healthcare provider does not respond to your initial letter, you can file a formal complaint. The complaint will be a legal statement against the defendant’s health professionals and/or hospital. Your complaint must include specific information about the medical malpractice, such as the breached standard of care and how the breach affected you. Once the complaint is filed, the lawsuit begins in earnest.
5. Participation in Discovery
Following the filing of the complaint, the discovery process begins.
In a medical malpractice case, during discovery, both your attorney and the defendant will request to release information such as medical records, relevant files, and other types of evidence. During discovery, your attorney can advise you on your rights and obligations.
Final Words
Navigating a medical malpractice case can be difficult and time-consuming. Understanding the stages of the case can make the process go more smoothly and give you a better idea of what to expect.
