June 23, 2022 | Medical Malpractice

Have you or someone you love been injured as a result of an error by a health professional? We trust healthcare professionals with our health. We believe that they will provide us with the best level of care when faced with a health condition. However, this isn’t always the case. There are instances where health professionals act negligently or recklessly. When this happens and you are injured as a result of their negligence, you may be able to file a medical malpractice lawsuit.

Things to consider before you file a medical malpractice lawsuit

A patient’s conditions can become worse or they can suffer complications as a result of various things. Not every case is a result of medical malpractice. It is therefore important to consider various factors prior to filing a medical malpractice lawsuit.

1. Your case must meet the legal threshold for a medical malpractice lawsuit

Not every case can be considered medical malpractice. As the plaintiff, you will have to demonstrate that your case meets the legal threshold to be considered a medical malpractice case. You must be able to demonstrate that:

• There was a doctor-patient relationship between you and the doctor – You must show that the doctor that caused the injury was a doctor that was treating you at the time that the injury occurred. They therefore had a responsibility towards you.
• The doctor acted negligently – You must show that the doctor was negligent in their actions. You must show that they did not meet the standard of care that a competent doctor with the same qualifications and under the same circumstances would have.
• The doctor’s negligence caused your injury – You must demonstrate that your injury or illness is a result of the doctor’s negligent actions. This is usually done by presenting expert witnesses to testify to how the doctor’s actions resulted in the injury.
• The injury resulted in damages – You will need to demonstrate that the injury or illness resulting from the doctor’s negligence resulted in damages. These damages may include mental anguish, additional medical bills, physical pain, loss of income and lost capacity to work amongst many others.

2. The burden of proof lies with you

It is important to remember that the burden of proof in a medical malpractice lawsuit lies with the plaintiff. This means that you are responsible for proving that the doctor was negligent and that you sustained injuries as a result of that negligence. You will have to present evidence to prove all the elements of your medical malpractice lawsuit.

Medical malpractice lawsuits can be complex because of this. It helps to have the guidance and support of an experienced attorney. Your medical malpractice attorney will investigate your case and gather the evidence necessary to support it.

3. You have a limited time within which to file your lawsuit

It is important to begin the process of filing your medical malpractice claim as soon as possible. As with other personal injury claims, you have a limited period within which to file your case. The statute of limitations varies from one state to another. However, the clock starts ticking from the date of the treatment that resulted in injury or the date when the injury or illness was diagnosed.

If you fail to file your claim within this period, you will not be able to recover compensation for your injuries. It is therefore important to consult with an experienced medical malpractice lawyer as soon as possible. They can begin the process of filing the medical malpractice lawsuit and ensure that you do not miss any deadlines.

4. Your medical malpractice case may not go to trial

It is highly likely that your medical malpractice case will end in a settlement. Most medical malpractice cases do. This is because many doctors faced with medical malpractice lawsuits prefer to settle the cases outside court rather than risk litigation. Out of court settlements are much cheaper than going to trial. The trial process can be lengthy and expensive. It can also result in an even greater award being given to the plaintiff than would have been given in a settlement negotiated with the plaintiff.

While your case isn’t likely to go to trial, some cases do end up in court. This is especially the case when a reasonable settlement cannot be reached in the negotiations. It is therefore best to involve an experienced attorney right from the start. This ensures that your rights are protected even if your case proceeds to trial.

Get Skilled Legal Representation

Medical malpractice cases can be complex. It is important to have the representation of an experienced attorney to help improve your chances of recovering compensation. Your attorney will fight to protect your rights and ensure you recover just compensation. Contact us to speak with an experienced attorney.

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