Steps to Filing a Medical Malpractice Lawsuit

Medical malpractice occurs when a healthcare professional deviates from the accepted standard of medical care, resulting in injury or harm to the patient. If you believe that you have been the victim of medical malpractice, you may be entitled to compensation for your injuries and losses. However, beginning a medical malpractice claim can be a complicated and challenging process. That’s why it’s essential to have an experienced medical malpractice lawyer on your side.

Step 1: Contact an Experienced Medical Malpractice Attorney

The first step in beginning a medical malpractice claim is to contact an experienced medical malpractice attorney. An attorney who is knowledgeable in this particular area of personal injury law will evaluate your case and determine whether you have a viable claim. They will also explain the legal process and answer any questions you may have.

When selecting an attorney, it’s important to choose someone who has extensive experience in handling medical malpractice cases. Medical malpractice cases are complex and require a deep understanding of medical procedures and standards of care. An experienced attorney will have the knowledge and resources necessary to build a strong case on your behalf.

Step 2: Obtain Medical Records and Expert Opinion

To prove medical malpractice, you will need to obtain your medical records and have them reviewed by an expert in the relevant medical field. A standard of care expert will evaluate your medical records and provide an opinion on whether the healthcare professional deviated from the accepted standard of care. The expert’s opinion is crucial in proving your case and obtaining compensation for your injuries and losses.

Your attorney will work with you to obtain your medical records and select a qualified medical expert to review them. The expert will provide a written report detailing their opinion on whether medical malpractice occurred.

Step 3: Filing the Claim

Once you have obtained your medical records and expert opinion, your attorney will file a medical malpractice claim on your behalf. The claim will outline the details of your case, including the healthcare professional’s negligence and the harm you suffered as a result.

The healthcare professional will be notified of the claim and will have an opportunity to respond. In some cases, the healthcare professional and their insurance company may choose to settle the claim outside of court. If a settlement cannot be reached, the case may go to trial.

Step 4: Discovery and Negotiation

During the discovery process, both sides will exchange evidence and information related to the case. This includes medical records, expert reports, and witness statements. Your attorney will use this information to build a strong case on your behalf.

Negotiation is an essential part of the medical malpractice process. Your attorney will negotiate with the healthcare professional’s insurance company to reach a fair settlement. If a settlement cannot be reached, your case will proceed to trial.

Step 5: Trial

If your case goes to trial, your attorney will represent you in court. The trial will involve presenting evidence and arguments to a judge or jury, as well as expert witness testimony. The judge or jury will decide whether medical malpractice occurred and the amount of compensation you are entitled to receive.

During the trial, your attorney will work to prove that the healthcare professional deviated from the accepted standard of care and that this deviation caused your injuries and losses. Your attorney will also present evidence related to the extent of your injuries and the impact they have had on your life.

How an Experienced Attorney Can Help

An experienced medical malpractice attorney can provide invaluable assistance in beginning a medical malpractice claim. They can help you navigate the complex legal process and work to obtain the compensation you deserve. An experienced attorney will have the knowledge and resources necessary to build a strong case on your behalf and negotiate with insurance companies to reach a fair settlement.

If you believe that you have been the victim of medical malpractice, it’s important to contact an experienced attorney as soon as possible. The sooner you begin the legal process, the better your chances of obtaining the compensation you deserve.