Did you know that medical malpractice may be the third leading cause of death in the United States? When you fall victim to some form of medical negligence or malpractice, it’s time to seek out a lawyer. But how does a medical malpractice lawsuit work? For those who aren’t familiar with the legal world, it can be confusing.
Before you get started with your case and try to sue a doctor or hospital, we want to explain the basics. Whether you’ve received a serious misdiagnosis, you’ve encountered some form of post-surgical harm, or you’ve dealt with any other kind of negligence, we’re here to help.
Keep reading to learn how medical malpractice lawsuits work.
The Consultation
Your journey starts with a consultation with a medical malpractice lawyer. This is important regardless of how “valid” you think your case is. A lawyer will be able to tell you whether or not you have a winning case so you know how to proceed.
You need to be honest with the attorney and present the facts to the best of your knowledge so they can make an informed decision on whether or not to take your case on and they can inform you about what to do next. Make sure you bring as much information as possible.
Gathering Information
Some information is going to come from you during the consultation, but more will come up as the investigation proceeds.
There are a few things that you have to prove if you want to win your case. You need to prove that you saw this doctor, that the doctor had a duty of care, that they breached that duty of care, and that the breach caused you harm.
The attorney will then find an experienced medical professional in the correct field to consult with on the case. That professional can confirm that malpractice is likely and write a letter to support the plaintiff.
Both the plaintiff and the defendant get to gather their evidence at this time.
Settlement or Trial
Many medical malpractice cases end in settlement. If your case holds water, it’s likely that the doctor or hospital will pay a predetermined amount to settle the case. You have the choice to accept the settlement.
If the doctor decides to fight the case, or if you decide that the settlement doesn’t work for you, you’ll go to trial.
During the trial, each party will present their case and evidence to the judge. The judge will determine if there was malpractice. If there was, you’ll receive damages (that may be greater than the settlement). If not, the case will be dismissed.
If a settlement is offered, it’s wise to take it unless advised otherwise by your malpractice lawyer.
How Does a Medical Malpractice Lawsuit Work? It’s Pretty Straightforward
If you’re already looking up “how does a medical malpractice lawsuit work?” then you’re well on your way to getting started with your case.
You don’t have to just accept your situation when a doctor behaved in a negligent way. Consult with a medical malpractice attorney today to get the justice you deserve.
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