How to Sue for Medical Malpractice
When you are sick or just not feeling up to par, going to see your doctor, the emergency room, or the hospital are steps you can take to feel better. You expect that the healthcare professionals treating you will make every effort to resolve your issue, whether it is via surgery, medical treatment, medications, or whatever is needed. Nevertheless, even in these settings, mistakes are made. These may occur when the doctor fails to diagnose your condition, gives you the wrong medication, makes errors while operating on you, and many other examples. If this has happened to you and you are considering suing for medical malpractice, you need to get in touch with medical malpractice lawyers who will fight to get you compensatory and punitive damages, and for the justice you deserve.
What steps must be taken in a medical malpractice lawsuit?
Once you have retained legal representation, your lawyer will make sure all steps are taken in pursuit of your defense. This is what will happen:
Defendants Must Be Identified
If you went to see your primary care doctor and the malpractice occurred there, you know who the defendant is. In other settings, however, identifying the defendant is not so straightforward. In a hospital, the party at fault may be a nurse, a specialist, a technician, the manufacturer of the medical device, or a combination of more than one party.
The Complaint is Drafted and Filed
Your medical malpractice attorney will draft the complaint, taking into account the specific factors of your case, calculating the number of damages to which you are entitled, and filing the forms with the right court. Working with a lawyer will ensure that you do not commit any errors that can result in your case not being heard.
Your Case is Built Through Discovery
Your lawyer needs to be completely familiar with every aspect of your case. To gather all necessary evidence and information, your lawyer will conduct an investigation, examine it, and subpoena any necessary documents. They will also conduct interviews with those that participated in your care. Main witnesses will be deposed under oath to get them on record. Your lawyer will build a strong case on your behalf.
When you and your attorney have a clear idea of who the defendants are, how much you are seeking damages, and how strong your evidence is, you can begin negotiations with the other party and their attorney. The case may end up being settled without ever going to trial. Attorneys representing insurance companies are experts at their jobs, and their objective is to pay out as little as possible. This is when it pays to have an aggressive malpractice lawyer by your side.
Should a settlement not be reached, the case will be moved to court, where a judge will determine the final outcome.
What damages can be included in a medical malpractice lawsuit?
Compensatory damages in medical malpractice may cover your medical expenses, expenses related to the care you require, and wages you have lost now and in the future. Also, non-economic damages like extreme pain, emotional distress, and psychological harm. If the defendant in your case is found to be guilty of malicious or willful misconduct, you may also be awarded punitive damages.