What to Expect During a Malpractice Lawsuit

Bringing medical malpractice allegations to light isn’t rare. In fact, it is more common than one might think. The specifics about what happens or what to expect during a lawsuit on the other hand aren’t as widely known.

Read on to learn what to expect when you take on a medical malpractice lawsuit against a doctor or a hospital.

Hiring an Attorney

You must hire an attorney that is an expert in personal injury cases. This type of attorney has done this before, so they know what the requirements are and how to go about gathering proof. If they are a good attorney, they will have won the majority of the medical malpractice cases that they have taken on.

If you are unsure how an attorney can help your case, you can have a free case evaluation done before you dive in.

Filing the Lawsuit

Before you file your lawsuit, you must take into consideration your specific state’s statutes of limitations when it comes to filing a medical malpractice lawsuit. There needs to be a basis for your lawsuit. This is proven with a Certificate of Merit which you can get with the help of a medical malpractice attorney. Once this is all taken care of, there needs to be proof of the following:

  • Established patient/doctor relationship
  • Breach of medical care standard
  • Proof that the breach of care caused the injury
  • Documentation proving the injury

Your case may be dismissed if you don’t comply with the pre-filing requirements. You may, however, get the chance to make it right before you lose your chance at fighting for compensation and justice forever.

Negotiating Settlement/Payment

When it comes to settlement for this type of lawsuit, the doctor in question actually has to approve the settlement amount before your case can be settled. The whole negotiating settlements and awaiting payments may take months or even years to come to an agreement. It may take even longer than that to actually see payment for the damages caused by the hospital or physician.

Possibility of Trial

Most cases will settle before going to trial. In fact, only 7% of cases end up being drawn out in the courtroom coming to a conclusion when a jury votes. Going to trial, especially against a physician or hospital, can be very expensive for all parties involved. Hundred of thousands of dollars are saved by deciding to settle the case before it goes to trial.

Medical Malpractice Lawsuit

When it comes to opening a medical malpractice lawsuit with allegations implicating a doctor or a hospital, it’s important to go into this with confidence, honesty, and solid proof. All of this will go a long way in helping you to get justice for your pain and suffering. Once you’ve drafted and filed your complaint in civil court, you will be that much closer to getting justice (and compensation) for your injury.

If you found this post to be helpful, make sure you check out our other law-related content for more valuable information.

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