When you visit a doctor, you put a lot of confidence in the abilities of the medical professionals who are treating you. Yet sometimes this faith is misplaced. Every year, over 250,000 Americans die as a result of errors or negligence.
If a loved one has died or you’ve been injured as a result of medical malpractice, you should claim the compensation you deserve. Yet how can you increase your chances of winning your medical malpractice case?
In this guide, we’re going to take a closer look at what you need to do to file a medical malpractice case and increase your odds of winning.
Are you ready to start building your case? Then read on and get started.
1. Understand Who is At Fault
Who is the person at fault in your case? Was it a doctor or a nurse or a paramedic? Before you can start a medical malpractice case, you should determine who is at fault in the case.
You need to know who to contact and who is the target of your lawsuit. This should be your number one priority.
2. Know Who You Need to Contact
One of the first things that you should do, if the problem is fixable, is to contact the healthcare professional who caused it. They may be able to carry out a procedure to fix the issue which they’ll likely do free of charge.
If they refuse or you want another form of justice, contact the medical licensing body in your area. Lodging a complaint with these bodies may result in disciplining the doctor or nurse and provides a record of your complaint for later.
3. Contact a Lawyer
You can’t win your medical malpractice case without medical malpractice lawyers. You need to have the law on your side and it’s unlikely that you’ll be able to represent yourself and win. For information about medical malpractice lawyers, visit here.
You need to contact a lawyer fast as you have a limited window of opportunity to file a lawsuit. There is a statute of limitations on medical malpractice and if you don’t file your lawsuit in time, it won’t be considered by the courts.
You can find the statute of limitations for medical malpractice in your state online.
Statutes of limitations aren’t the only time-sensitive factor when it comes to filing either. You and your lawyer will need to follow a strict checklist before you can take the case to court including letting the healthcare provider know of your intention to sue. For these reasons, contacting a lawyer should be one of your first priorities.
4. Ensure That You Have the Proof That You Need
You can’t win a medical malpractice lawsuit if you don’t have proof and the standard of proof for these kinds of lawsuits is strict. Firstly, you should obtain a copy of your medical records by contacting your healthcare provider. Your attorney can do this for you if you sign a release form allowing them access to this confidential information.
You may also need to prove that your case has merit, depending on your state. To do this, you’ll need to get in touch with another healthcare professional and have them examine you and your problem that resulted from the malpractice. They can then tell you whether they think your case has merit and certify that your case has real weight behind it and that the malpractice has caused a real issue, and that’s why using the right medical equipment is essential for this, which is not that difficult to get by buying of reconditioned medical equipment in some sites online.
5. Estimate Your Damages
You and your attorney should have a figure that you’re aiming for that you will be happy with. It’s important to estimate the real cost of the malpractice so that you know how much compensation you are aiming for.
This should take into account the suffering involved, incapacitation, lost wages, loss of enjoyment, and more.
6. Filing Your Claim
Now that you’ve completed all the necessary pre-lawsuit steps, it’s time for you to file your medical malpractice claim.
Your claim should include a range of vital information such as your name and the medical professional’s name. You also need to include details of the injury incurred such as:
- A description of the injury the healthcare professional caused’
- How it happened
- The short-term and long-term effects that the injury has had on your life
- How much compensation you are hoping to win
If the case goes to court and you have a good attorney and evidence, you stand a good chance of winning. However, there is another alternative: the case may not go to court.
7. Settling Out of Court
Some healthcare providers or insurance companies may go to great lengths to avoid a drawn-out legal battle and legal costs. As a result, they may propose that you settle out of court.
It’s recommended that you are very careful with out-of-court settlements. The defendant may be trying to give you less compensation than you would win in court. You and your lawyer should discuss why they are attempting to settle the matter out of court.
If the offer is good and you believe it has been made in good faith, you may wish to take the compensation that they are offering. However, if it is not good enough, decline it and push on to court.
Winning a Medical Malpractice Case
Winning a medical malpractice case in court depends on multiple factors such as proof of injury, expert opinions, and, of course, a good medical malpractice attorney.
If you follow the steps that we’ve laid out and you hire an attorney with experience in the field, you will increase your chances of winning.
If you’d like to read more informative articles like this one and learn more about medical malpractice and other lawsuits, take a look around our blog!