Medical negligence is more common than many people may think. Reports indicate that at least 1.2 million people suffer varying levels of injury due to medical errors in American each year. More than 200,000 patients lose their lives to those mistakes. We all trust healthcare providers to do everything possible to keep us safe and healthy, but they often fall short of those expectations as well as their responsibilities as medical professionals.
When medical professionals break the Hippocratic Oath, the Nightingale Pledge, and the legal regulations of the healthcare industry, whether intentionally or inadvertently, they can be held accountable for their mistakes. Making that happen entails bringing a medical malpractice suit against them. If you’ve been harmed by medical negligence, it’s important to understand the process involved in seeking justice and compensation.
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How to Begin
Your first step in battling medical malpractice is to consult with an attorney who is experienced in dealing with medical negligence cases. An attorney can consider your situation and determine whether you should proceed with your case. If the attorney feels negligence may have occurred, he or she will delve deeper into the matter.
Proceeding With Your Case
After deciding to proceed with your malpractice claim, your attorney will begin an investigation. He or she will obtain copies of your medical records to better understand your injuries and which actions medical professionals may or may not have taken to prevent them. You may need to provide documentation of any appointments and treatments you received along the way as well. Your attorney will also speak with unbiased medical experts to further determine if any wrongdoing took place among other measures.
Filing a Lawsuit
All those previously mentioned measures help to build a case against the medical professionals who treated you. If you have a strong case, your attorney will file a lawsuit. Though you can file a complaint against those responsible on your own, there’s a great deal of room for error here. Even a minor mistake in paperwork or failing to provide the proper documentation could hamper your case.
Exchanging Information
Once the lawsuit is filed, your attorney will share information and evidence with the defendant’s legal counsel. Those accused will also have a chance to counter your claims and provide their own information and evidence to your attorney. If your case continues to hold up, you’ll proceed from there.
Negotiations
Many cases are settled out of court. Those accused of malpractice often make settlement offers to prevent lengthy trials and overt damage to their reputations. It’s not uncommon for them to offer less than your injuries and pain and suffering are worth, though. With that being the case, negotiations may ensue. Your attorney will work to get as much compensation as possible from those who caused you harm. If the defendant provides an acceptable settlement offer, that may be the end of your legal journey.
Going to Trial
In the event you’re unable to settle out of court or those accused of medical negligence want to fight your claims, the case will go to trial. Both you and the defendant will be questioned, as will any relevant witnesses, medical experts, and others who can shed light on your injuries and the level of negligence that may have been involved. Then, the court will decide which damages and how much compensation you’re entitled to.
Taking Legal Action Against Medical Negligence
Medical mistakes happen more often than you might think. When medical professionals fail to take reasonable actions to keep their patients safe and healthy, they need to be held accountable for their negligence. An attorney can build your case and help you successfully navigate the legal landscape of a malpractice lawsuit.
