Suffering from medical malpractice or negligence can have serious implications. Perhaps you or a loved one were left severely impaired following a mishap, or maybe a doctor’s negligence resulted in a misdiagnosis. Such issues can lead to unnecessary suffering or even death. It’s important to take legal action in order to be rightfully compensated for your suffering.
However, medical malpractice lawsuits are very difficult to win. Malpractice is difficult to prove, so the advantage often lies with the doctor, hospital, or health care professional (the defendant). Additionally, the legal process requires a number of complex procedures and processes, such as filing a certificate of merit or putting forward your case to a screening panel.
Unfortunately for the victims, most medical malpractice or negligence lawsuits result in the defense winning the trial. Far too frequently, people are left with the pain and suffering from their medical problems without adequate compensation.
So if you do take on a malpractice suit, it’s important to be prepared and take a professional, measured approach. You must also gather as much information, evidence, and proof of a breach of duty of care as possible.
If you’ve fallen victim to medical malpractice or negligence, here are three keys to winning your lawsuit.
Hire a good attorney.
Hiring a qualified and capable attorney plays a major role in a successful lawsuit. As medical malpractice is a specialized area of law, it’s vital that you find a lawyer that has a proven track record in the medical field. While attorneys don’t matter as much in certain other fields of law, personal injury, malpractice, and negligence require a high level of experience and competency.
A typical medical-based lawsuit involves a lot of evidence. An experienced attorney is skilled at navigating through all evidence and finding critical information to bolster your case. A good attorney will get an accurate read on how the case is going and can react quickly and decisively when needed.
As skilled negotiators and keen lawsuit assessors, good attorneys will look out for your best interests. Not only can they accurately put a value on your claim, but they have the ability to argue this in front of a judge. They can put together a strategy to convince a judge or jury as to why you deserve compensation, giving you the best possible chance at a successful lawsuit.
Provide all medical records.
Every piece of evidence is critical when it comes to your case. Having copies of all medical records is absolutely vital. Medical records provide tangible pieces of evidence of how duty of care standards were not met. This information is not only useful for the trial, but it gives your attorney a key insight into your situation. It allows them to effectively plan your case and gives them a clear sense of direction.
Medical problems are complex, and records are important for identifying and analyzing various details of your experiences. For external opinions to comment on the case, a full set of records are an absolute necessity.
You should always be open and honest when it comes to your medical records. Disclose all information and never alter documents. This will destroy your credibility and severely hamper your chances of winning the case. What’s more, it could get you into legal trouble.
Get an expert witness.
To prove to a judge or jury that malpractice or negligence occurred, you’ll need a medical expert witness with experience and knowledge of your specific health problem to weigh in on the case.
Their role is essentially to outline what duty of care was owed to you (or the patient) and how the medical professional breached that duty. This is one of the most difficult aspects of any case, so it’s imperative that you get a suitable expert witness.
You can ask your attorney to find the appropriate medical expert witness. They will likely already have a network of experts available to them.
You’re not alone.
Going through a medical malpractice or negligence lawsuit is no easy feat. It may take a lot of your energy and time to gain the compensation that’s rightfully yours.
Be patient and remember that you’re not in this alone. There are experts out there that are ready and willing to help you fight your case.