When you have suffered an injury by the negligence of a medical professional, you may recover compensation through a medical malpractice claim. Doctors and insurance companies fight medical malpractice cases extremely hard because of the money involved.
In addition, a sizable difference of opinion may exist between you and the doctor about whether they exercised the appropriate amount of care in your case.
You can expect a claims process that may last for years and to be up against a team of experienced malpractice defense attorneys. It is extremely difficult for victims like you to get the money you deserve if you do not have a medical malpractice lawyer.
To understand why medical malpractice cases are complex, you need to know the steps in the lawsuit process. To discuss your case, contact a medical malpractice attorney near you today.
The Steps in a Medical Malpractice Lawsuit
The medical malpractice lawsuit process includes the following steps:
- The case begins when your medical malpractice lawyer drafts a complaint, files it with the court, and serves it to the other party
- The defendant must file an answer within a set period of time of being served that responds to your allegations and offers them the opportunity to give their own version of the facts
- The defendant will likely try to get your case dismissed by filing a motion to dismiss with the court that the judge will consider and rule on before the case can proceed
- A large part of your case occurs when the two parties have the right to request evidence that is in the other’s hands, through the discovery process. This phase of the case includes both document requests and speaking to witnesses in person through depositions.
- The two parties may engage in mediation or settlement negotiations at various points in the process.
- If no settlement agreement is reached, you will head to trial, where each side presents their witnesses and evidence to a judge or jury, who then decides whether medical malpractice occurred and, if it did, your damages.
How You Win a Medical Malpractice Case
To win a medical malpractice case, you need to show that a medical professional failed to use the degree of care that a medical professional of similar experience and training would normally use, and that failure injured you.
In simpler terms, you’re trying to prove that your doctor or other healthcare provider made a mistake that other healthcare workers wouldn’t have made, and that mistake hurt you. It’s not enough to show that something went wrong – you have to show it went wrong because the medical professional made an unreasonable error.
Evidence in Medical Malpractice Cases: Records, Experts, and More
The evidentiary starting point in your case will be your medical records, but those may not be enough to prove negligence. You will need evidence that shows exactly what the doctor did to injure you.
Even before you file a lawsuit, your medical malpractice lawyer will work with expert witnesses to learn exactly what happened and what the doctor did wrong. You must establish what the doctor should have done at the time based on their evaluation of your condition.
Your medical records provide a detailed account of your treatment. These documents can reveal discrepancies between what medical staff recorded and what actually occurred. They may also highlight missed diagnoses or improper procedures that led to your injury.
Expert witnesses play a vital role in medical malpractice cases. These are typically other medical professionals who can explain complex medical concepts to the court. They can testify about the standard of care in your specific situation and how your doctor may have deviated from it.
Your lawyer might also use visual aids to help prove your case. These could include medical illustrations, charts, or even 3D models to demonstrate what went wrong during your treatment. Such visual representations can make complex medical information more understandable to a judge or jury.
Proving medical malpractice presents many challenges. Doctors and hospitals typically have strong legal teams defending them. That’s why you need a skilled malpractice attorney and credible expert witnesses to build a compelling case and increase your chances of success.
You Can Uncover Evidence in the Discovery Process
Medical expert opinions may only tell part of the story. You may need to hear from the doctor in their own words about what they did and saw.
To compel testimony in a legal process known as discovery, your lawyer must file a medical malpractice lawsuit against the professional and possibly their employer. Then, the trial process will begin.
During the discovery phase of trial, your medical malpractice attorney can speak directly to the doctor and other witnesses who may have insight into exactly what happened.
Your attorney can ask questions under oath in a deposition, where you will gather additional evidence that can prove your case. The doctor will need to testify at trial in a manner consistent with what they said during their deposition.
In addition to building a strong case to win at a potential trial, you are also working to establish your damages. Not only do you have the burden of proof to show negligence, but you must also demonstrate your own damages so you can be compensated.
Your pre-trial evidence gathering should hopefully strengthen your case for likely settlement negotiations with the defendant or their insurance company. You are trying to build the strongest case possible in the hopes of avoiding an actual trial.
Most medical malpractice lawsuits will eventually settle at some point during the legal process without the need for a trial. That said, many do go to trial, and you should be ready for that possibility.
Schedule a Free Case Evaluation with a Medical Malpractice Lawyer Today
If you do not already have a medical malpractice attorney, now is the time to hire one. Your lawyer can get to the bottom of your case and work to put you in a position where you may recover financial compensation.
There is no fee associated with speaking to a McLean personal injury lawyer, and you will not have to pay any legal fees unless you win.