A medical malpractice lawsuit can be a long and complicated legal process. It involves proving that the doctor breached their duty of care to the patient, and that the patient suffered harm as a result. If you are a patient who believes that you were the victim of medical malpractice, our attorneys can help you pursue justice and receive a fair settlement.
In most cases, medical malpractice claims involve a physician in private practice, but they can also include physicians working for hospitals or clinics. These healthcare professionals are required to follow specific guidelines and practices to protect patients, keep detailed and accurate records, and communicate openly with each other to avoid medical mistakes. Despite these efforts, there are still a significant number of medical malpractice cases in the United States each year.
The most important thing to do if you think that you are the victim of a medical mistake is to seek immediate medical attention. Once your health is stabilized, contact an experienced lawyer as soon as possible to discuss your case. They can help you file a claim within the legal time frame, request access to your medical records, and ensure that the defendants respond promptly.
Once your attorney has thoroughly evaluated your case, they will submit a document known as a certificate of merit to the court. This document outlines that your attorney has thoroughly evaluated your case, consulted with a minimum of one other medical professional, and determined that there is reasonable grounds for a lawsuit.
A medical malpractice claim can only be successful if the plaintiff can prove all of the elements of negligence. This includes demonstrating that the doctor breached their duty of professional care, that this breach directly caused injury to the patient, and that the injuries are measurable in terms of damages that can be awarded to the patient.
To prove that the doctor breached their duty of patient care, you will likely need to rely on expert testimony. A qualified medical malpractice lawyer can help you locate an appropriate expert witness and prepare them for a deposition. A deposition is a statement under oath that is recorded for use in court.
Once a doctor has been found liable for a patient’s harm, the court will determine what compensation is due. Typically, this will consist of compensatory damages, such as economic costs like loss of wages and medical bills as well as non-economic damages such as pain and suffering. In rare cases, punitive damages may be awarded to punish the doctor for their actions or inactions.