The Institute of Medicine reports that over 400,000 patients die every year due to medical errors. Missed diagnoses make medical errors the third-leading cause of death in the US.
Do you think your doctor made a mistake in your recovery plan? If so, then you may be interested in finding out more about medical malpractice claims. Learn more here to see if our legal system can help you regain your losses.
What Is Medical Malpractice?
Medical malpractice is a legal term that applies to situations when health care professionals fail to apply the right medical treatment to their patients.
This term also applies to those medical professionals that give their patients treatment that results in trauma, impairment, or death.
Examples of medical malpractice could include some of the following:
- Performing surgery incorrectly or unnecessarily discharging patients from a hospital too soon
- Misdiagnosing a condition or failing to recognize it
- Not ordering the correct tests or not reacting to their results
Medical Negligence Process
In today’s legal system, there is a way for injured parties to recover compensation for their injuries. If you can prove that medical negligence created more health problems for yourself, then you should follow these steps.
Assemble Your Evidence
Evidence will play a significant role in your medical malpractice claim. Take photos of your injuries after your doctor’s visits. Keep copies of your bills for medication or physical therapy expenses.
Find a Lawyer
Locate a lawyer that can guide your case through the legal process. When you look for legal assistance, find a professional that has tort law experience.
Chances are high that you won’t be successful at negotiating a settlement. If this happens, your lawsuit will move forward to a trial.
Filing Medical Malpractice Claims
Filing a medical malpractice claim is a process that alerts your local trial courts that you intend to recover your costs for injuries. Your claim will include details like testimony from witnesses or any medical bills you received.
If your doctor disagrees with your medical malpractice lawsuit, your case moves forward to the discovery phase.
Discovery
“Discovery” is the court process where both sides of a lawsuit share their own evidence or other facts related to the claim. Both parties reveal what their expectations are so that both can decide their next best strategy.
Lawyers representing both sides conduct out a process that’s called a “deposition.” A deposition involves gathering the statements from witnesses before a court proceeding.
Both sides review the testimonies and facts in their case. Once they have reviewed these, they can decide whether to negotiate a settlement or move towards a trial.
Settlement Negotiations
When both patients and medical professionals want to negotiate a settlement, then the patient drops their lawsuit.
A medical malpractice attorney from both sides can work on crafting a draft settlement document that outlines expectations from both sides. If you and your doctor can’t settle, then your claim moves on to a trial.
What Are Your Next Steps?
If you think you have a valid case, then you can act today. Start by organizing your own records of your medical treatment.
Interview different medical malpractice lawyers to find the right professional that can help you navigate the court system. Be sure to ask them to share any details on their tort law experience with you.
Check out our website for more helpful advice on medical malpractice claims. Take control of your case today. Then you can focus on regaining your good health.
