According to Consumer Shield, medical errors account for approximately 10% of all deaths in the United States each year. In 2023, approximately 11,400 medical malpractice cases were reported in the country.
Medical malpractice attorney Kenneth M. Sigelman says medical malpractice is a highly specialized area of law, which makes it critical to find a legal professional with several years of experience dealing with similar cases.
This article will discuss each stage of the legal process when filing medical malpractice lawsuits.
Identifying Medical Malpractice: Key Elements and Definitions
You must be aware of factors involved in proving medical malpractice.
Identify the medical practitioner’s level of skill and care when you were under their care. Prove that this breach of duty was the direct reason or proximate cause of the injury or harm. You have to show the damages you have sustained, whether they are physical, emotional, or financial.
Understanding these elements helps you determine whether your case is subject to medical malpractice.
The Initial Consultation: Assessing Your Case
During an initial consultation with a medical malpractice lawyer, specify your case by describing your experience and concerns.
Present any relevant medical records, bills, and documentation to support your case. The lawyer will ask specific questions to verify evidence concerning your case.
Be honest and detailed about your case so the lawyer can strategize and determine the strength of your case.
Filing a Medical Malpractice Claim: Steps and Documentation
Gather all medical records and supporting documents, like physician’s diagnoses and bills. These documents will demonstrate that the healthcare provider violated the standard of care, which led to your injury.
After collecting the relevant evidence, you need to find a competent medical malpractice lawyer next. These legal professionals assess your case and guide you throughout the legal process. They are responsible for drafting your formal complaint and specifying the allegations of negligence against the provider.
The complaint will be filed in the appropriate law court as soon as it is available. Familiarize yourself with the statutes of limitations in different states to avoid missing important deadlines that can harm your case.
Don’t forget to keep copies of documents you send and receive throughout the legal process.
The Discovery Process: Gathering Evidence and Witnesses
In a medical practice case, the discovery phase is primarily focused on gathering evidence and finding witnesses in support of the opinion of the case. Obtaining sworn statements from witnesses is part of this phase. A medical expert testifying for you will help to strengthen your case.
Discovery involves interrogatories, or a formal set of written questions in litigation. Interrogatories prevent the other party from remaining silent on important evidence that can bring useful information.
Trial and Settlement: What to Expect in the Courtroom
In the courtroom, the process begins with jury selection, where potential jurors are examined to assemble an unbiased jury.
The parties next present their opening statements summarizing their case. The opposing party’s witnesses will be cross-examined in order to challenge their credibility and weaken their case.
Once evidence is finalized, lawyers will proceed with final arguments that summarize each party’s case. The jury will then deliberate and deliver the verdict.
Understanding the general process of a medical malpractice lawsuit will help you identify the key factors and steps in filing for your case. Your knowledge of the process will boost your confidence and increase the likelihood of achieving a favorable outcome.
