Medical malpractice claims are usually quite complex. Medical malpractice lawsuits occur in cases where you or your loved one gets injured due to a medical professional’s negligence or faulty procedures. However, there are several things that you need to acknowledge before filing a medical malpractice lawsuit, and they include the following:
- The existing relationship between the doctor and patient
- The level of medical care the doctor owed the patient
- Proof that the patient was injured
- Proof the doctor contributed to the patients’ injuries
- Evidence that the doctor breached the standard of medical care
After you have accomplished these, you’re allowed to take the necessary steps to file a lawsuit against the doctor’s medical malpractice. Even though medical professionals aim to provide the best medical care for their patients, things could go amiss. Therefore, if this is happening to you, seek help from Herb Louthian, of Louthian Law, to give you the way forward.
How to Bring a Medical Malpractice Lawsuit
If you find yourself dealing with such a case, there are several steps you need to follow to receive the compensation you want. You are entitled to justice if a doctor has breached your agreement, misdiagnosed, or performed a procedure without consent. Here are some of the steps to take if you find yourself in such circumstances:
1. Hire an Experienced Attorney
If you believe you’ve experienced medical malpractice, an experienced lawyer will be of great importance. An experienced attorney is well versed in the knowledge of how you should file your claim. Apart from a lawyer helping you in filing a claim, he or she will also assist in the following:
- Assembling evidence needed in court
- Providing expert witness reports
- Bring forth witness testimonies
- Proving your claim
2. Acquire a Medical Assessment to Confirm Your Claim
Having a certificate of merit is enough evidence to confirm your claim is valid when filing. You have to show that the injuries you endured arose from the ignorance and negligence of a medical professional. You need to consult another medical expert to confirm this claim. A personal injury lawyer will file the certificate of merit to prove your lawsuit is arguable.
3. Give Notice to Both Insurance Companies
You should notify both your insurance company and that of the medical practitioner. Most insurance companies demand such information early enough for them to settle your claim soon after. Your lawyer could also contact the insurance company covering the medical professional and negotiate.
4. Contemplate Settling Your Case out of Court
Medical malpractice cases are quite complex, and they may end up costing you a lot of money and time. Most medical malpractice insurance companies reject malpractice claims, and you may end up not receiving a dime for this lawsuit. Therefore, it is wise to settle your case personally with the medical practitioner since their insurance companies will most probably cover you for your damages.
However, if you feel your case is valid, don’t be scared to continue filing a claim since you might win the case. Your attorney should also give you the best advice on what path to follow.
5. Contact the Medical Practitioner Involved
It would be best if you always considered informing the medical practitioner involved before filing a claim. This is to tell them of the injuries you’ve sustained during the process. It would help if you also had the clarification on what might have gone wrong. Once you do this, you could get a remedy, or the doctor could ameliorate the damage done to you.
Don’t Hesitate to Get Help
Trusting a medical professional with your life only for them to mishandle things can be very disappointing. If you believe a medical practitioner was negligent in the course of his or her work, you should get total compensation for your injuries. You should avoid handling such a case alone and instead hire an experienced personal injury lawyer to guide you throughout the process.