What To Know About Filing A Medical Malpractice Lawsuit
Thankfully, very few of us are a victim of medical malpractice. However, there is unfortunately a significant portion of people who have been the victim of a treatment error that results in them having to file a medical malpractice lawsuit. That being said, very few of us know what can be labeled a medical error that can form the basis of a lawsuit. With that in mind, it is vital for victims of medical malpractice to be as informed as possible about the process, when the need arises.
What Is Medical Malpractice?
Medical malpractice is when a medical professional or facility fails to provide accurate and prompt medical treatments to a patient through the result of negligence or omission. For this to be considered malpractice in a legal sense there are several things characteristics to consider. The first of these is that there was some violation in the standard of care; for example, the treatment you received must be subpar when compared to another professional or facility in a similar situation.
Furthermore, the error should have been caused by negligence on the part of a medical professional. While highlighting the fact that your medical treatment was of low standard, it must also be shown that this was caused directly by negligence. With that in mind, if it’s shown that there was no negligence, then the lawsuit would fail in court. To boot, a claimant must show that an injury was caused directly by this negligence and that this injury would have been avoided through a typical standard of care.
However, an injury isn’t the only thing that you have to highlight; the majority of experts have stated that there must have been some form of damages to a person’s life as a result of this injury. In many cases, this can includes a disability, loss of income, unusual pain, suffering, and hardship; in many cases, medical bills brought up as a result of an injury can also be considered damages.
Do I File A Medical Malpractice Lawsuit?
Many people might believe that filing a medical malpractice lawsuit can be difficult; however, it doesn’t have to be the case. In contrast, once you’ve established each of the above then the entire process is relatively simple. The first step is to consult an experienced legal professional as soon as possible to ensure that you have the basis for a case, as well as a plausible chance of winning the case. Next, you’ll need to gather copies of your medical records.
This step can often be one of the most crucial aspects of your medical malpractice lawsuit, and can often be the deciding factor in whether or not you win the case. It also allows your lawyer to seek suitable in-depth advice from a range of medical professionals to help build a medical malpractice lawsuit. As such, having copies of your medical records can be a determining factor in how your case proceeds. The next step is to notify the parties involved, this includes the doctors, facility and their insurance company; this is something that may be mandated by your state but is a step in almost every case regardless.
Speaking of state laws, many states may also have a number of other pre-suit regulations that you will have to adhere to. Generally speaking, this is to help streamline the process and ensure there are as few frivolous cases as possible. That being said, you should reach out to a local malpractice attorney to ensure state law compliance. Lastly, you’ll need to file a medical malpractice case, which will then start the case in earnest.