Learn The Process For Filing A Medical Malpractice Lawsuit
Medical malpractice cases are some of the most complex and challenging to win in court because they require a deep understanding of medical procedures and the law. If you or a loved one have been injured due to medical malpractice, it’s important to understand your legal options.
In this blog post, we’ll discuss the process for filing a medical malpractice lawsuit in detail. We’ll cover what can be considered a medical practice, the most common types of cases, and what you can expect from beginning to end. Keep reading to learn more!
How Does A Medical Malpractice Lawsuit Work?
Medical malpractice occurs when a healthcare professional deviates from the accepted standard of care and causes harm or injury to a patient. This can happen through diagnosis, treatment, aftercare, or health management errors. In other words, it’s negligence on the medical professional’s part.
Now that you know what medical malpractice is let’s discuss the steps in a medical malpractice case.
Some things to consider before filing a medical malpractice lawsuit:
- Timing – Each state has a statute of limitations or time frame in which a lawsuit must be filed.
- Evidence – It’s important to gather all relevant medical records and expert testimony to support your claim.
- Discovery process – Both parties gather information through depositions, interrogatories, and requests for the production of documents.
- Proving negligence – Your attorney will use evidence to prove the healthcare professional’s deviation from the accepted standard of care and that this caused harm or injury.
- Negotiation – Before accepting any settlement offers, speak with an experienced medical malpractice attorney who can advise on fair compensation for your case.
- Trial – If a settlement cannot be reached, the case will proceed to trial. A jury or judge will determine liability and damages.
- Appeals – Either party can appeal the trial’s outcome if unsatisfied.
It can be quite scary filing a malpractice lawsuit, so it’s crucial to familiarize yourself with some of the more frequent medical malpractice cases.
Common Types Of Medical Malpractice Cases
There are various types of medical malpractice, but some of the most common include
- Misdiagnosis or failure to diagnose can result in delayed treatment and worsening of the condition.
- Surgical errors can range from surgery on the wrong body part to leaving a foreign object inside the patient.
- Birth injuries can occur during pregnancy, labor, and delivery and result in long-term complications for the infant and mother.
- Medication errors can include prescribing the wrong medication or incorrect dosage, leading to harmful side effects or worsening symptoms.
No one should have to suffer at the hands of a negligent medical professional. If you believe that you or a loved one has been a victim of medical malpractice, don’t hesitate to seek legal action.
Our Lawyers Can Help You Investigate & File Your Medical Malpractice Claim
At Hashem Law Firm, we’re dedicated to assisting people injured by medical malpractice. We’ll investigate every element of your case so that you can get the compensation you deserve. Our offices are in Morello, but we serve anyone who needs adequate legal representation.
If you or someone close to you has been harmed by medical malpractice, contact us today to speak with one of our knowledgeable attorneys.