We all have heard that term – medical malpractice, but none of us can be closer to what it really is. It’s difficult not to believe that doctors, nurses, and other proficient medical professionals never make mistakes. Still, we are living in reality, and this is far from being a fact. Medical malpractice lawsuits exist so that victims of medical malpractice can get justice.
But how do these lawsuits work, and why are they so important?
If you suspect that you or someone you know has been the victim of medical malpractice, the first step to take is talking to a personal injury lawyer. A lawyer is a professional who knows what medical malpractice is, among other things that need to be done for the initiation of medical malpractice litigation. He will help you go through the facts of your case, reveal whether it was a malpractice, and give advice on what the next course of action should be.
The first consultation is usually free, so you have nothing to lose. From here, you can decide best how to continue.
Some of the most prevalent medical malpractice examples are the following:
● Birth injuries: Curiously, birth injuries are not a rare phenomenon, and babies leave hospitals with deformities, injuries, and other afflictions that are not easy to dismiss or control.
● Misdiagnosis: There are some instances, based on the information the doctor has at hand, where the diagnosis would be considered reasonable but later turns out to be wrong. For example, misdiagnosis through negligence is medical malpractice and thus actionable
● Lack of diagnosis: On the other hand, if a physician possesses all the information he needs to make a diagnosis of a disease or condition and fails to do so, then that can be considered medical malpractice if, in so doing, damages arise.
● Prescription errors: Even prescription errors can also form the basis of a medical malpractice. If you are given the wrong medication, or one that conflicts with others you might be taking, it may be considered actionable and compensation-worthy.
● Surgical errors: There are various instances that are considered medical malpractice with surgical errors. For instance, failure to remove instruments or operating on the wrong part of the body and in the process causing some preventable harm or injury during the surgery fall among other instances classed as malpractice.
If you have made a decision that you must file a medical malpractice lawsuit, this is the process one follows:
● Initial consultations: A course of action usually begins with an initial consultation. In this initial consultation, you can discuss with your lawyer the nature of your case and provide specific information and answers to any questions that they may have. Thus, they will assist you in coming up with an answer at this juncture if it would indeed be meaningful to file a medical malpractice action. Your lawyer will also advise you on how to proceed from here so do not miss listening and heeding it as much as you can.
● Evidence gathering: You are now ready to collect evidence. The attorney will be in a better position to help with this. Getting a second opinion probably would be a good idea; your attorney may even recommend that you do it. If another doctor or medical provider advises you directly opposite of your initial medical provider, gives you an entirely different diagnosis, or otherwise takes a contradictory position, then it may be evidence of malpractice. Beside that, collect as many documents as you can. Write whatever you can recall from your medical experiences, including gathering all of your receipts.
● Filing a claim: When you are prepared enough, you can make an official claim against your attorney. This is your first formal move in initiating a case for medical malpractice.
● Discovery: At this stage, the plaintiff and the defendant will share information related to the case with each other through discovery. In such a way, both the parties have the same information.
● Negotiations: At this stage, the parties negotiate. Generally, medical malpractice cases settle out of court, where parties negotiate for a just settlement before a case ever goes to trial. Negotiations are very long, but this kind of dispute resolution through negotiation is faster than going to trial.
● Settlement: It is hoped that the parties will eventually be able to reach an acceptable settlement both in terms of fairness and equity plus consistent with precedents set in other legal decisions. Once settled, it may take a few weeks or months until the negotiation is actually released.
● Trial: In the event that the parties still cannot agree on an acceptable settlement between the two, the case would eventually proceed to trial. The parties present their case to a judge or jury who will then decide for either party.
It is one of the most complicated processes in today’s legal system, and also it is a subject that many give considerable consideration. If you feel that you or one of your loved ones has been victimized by medical malpractice, then it may be best to seek a meeting with the medical malpractice attorney sooner than later.
Related reading: Medical Facts Every Lay Person Should Know
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