Health is one of life’s most valuable assets, and when we need it the most, we all appreciate the expertise of healthcare professionals who have studied medicine for years to help us. Unfortunately, there are times when a medical professional fails to provide the standard level of care, which results in direct harm or injury to their patient.
This harm is called medical malpractice, and these situations can happen to anyone. Fortunately, personal injury lawyers experienced in malpractice law can provide the support you need to seek financial compensation for your recovery.
If you are considering pursuing a medical malpractice case, the following guide can help. We will outline the different types of medical malpractice cases and the legal process involved in malpractice law, from filing a claim to navigating court proceedings if you fail to reach a settlement.
Common Types of Medical Malpractice Cases
Maybe you’re wondering whether your situation falls under the definition of medical malpractice. If you are, it can be helpful to understand the most common types of medical malpractice cases, which include the following:
- Surgical errors—performing the wrong procedure, operating on the wrong body part, leaving surgical instruments inside a patient, etc.
- Injuries during childbirth—harm to either the mother or baby during labor and delivery, especially if injury is due to poor monitoring
- Misdiagnosis/delayed diagnosis—complete failure to correctly diagnose a medical condition, diagnosing the wrong condition, or taking too long to reach a correct diagnosis, all of which can lead to worse health outcomes
- Errors in medication or anesthesia—prescribing the wrong medication or the wrong dosage, failing to account for drug interactions, improperly administering anesthesia, or not monitoring the patient during a procedure
- Failure to treat—neglecting or refusing to treat a diagnosed condition, which then leads to complications
- Lack of informed consent—not obtaining the appropriate consent from a patient before performing a procedure, usually stemming from inadequately explaining risks and benefits
- Issues with radiology interpretation—misreading or misinterpreting medical imaging, which can then lead to incorrect or missed diagnoses
Of course, the above are general examples of medical malpractice and do not cover every scenario. Each case can vary significantly, so proving malpractice usually requires demonstrating that a healthcare provider failed to meet the standard level of care for that situation.
What Steps Are Involved in a Medical Malpractice Case?
Although each case is unique, understanding the steps involved in a medical malpractice case can help you prepare.
1. Initial Consultation with an Attorney
The first step is to find a local attorney specializing in malpractice law, such as the team at Warren Allen LLC. A law firm like this can guide you along the way and assist with settlement negotiations and gathering necessary evidence, including expert witness testimony. In most cases, reputable attorneys will offer a free consultation.
Bring all relevant evidence with you (e.g., notes, medical records, prescriptions, pictures, etc.) so that the attorney can evaluate the strength of your case and the merit of your claim. The attorney will have the expertise to advise you on whether or not you should move forward with seeking compensation.
2. Filing a Claim
If you decide to move forward, the next step is filing a claim. Your attorney will conduct a preliminary investigation to gather evidence and might also write a letter of intent to formally notify the at-fault healthcare provider. Finally, your attorney will file a complaint in court that describes your claims. Depending on the complexity of your case, this initial process can take anywhere from a few weeks to months.
3. Gathering Evidence
Your attorney and their team will work to collect medical records and other relevant documentation to support your claims. Your attorney will likely hire medical experts to review the case and provide their opinions.
Expert witnesses are essential in establishing negligence and causation in medical malpractice law. When you choose medical professionals, these expert witnesses can help demonstrate that the healthcare provider in question failed to meet the acceptable standard of care that could be reasonably expected and that the negligence had a direct, negative effect on you, the plaintiff.
4. Discovery Phase
During the discovery phase, your attorney will ask the defendant questions, which they must answer truthfully under oath.
Both your team and the defendant’s team can request copies of documents and supporting evidence from each other during this phase. You can expect the discovery phase to last anywhere from several months to a year.
5. Settlement Negotiations
Settlement discussions will often be ongoing throughout the discovery process. Your attorney will negotiate on your behalf. If the defendant offers you a settlement at any point during the negotiations, it’s crucial to have an attorney look over the offer to make sure it is fair. They will help you decide whether to accept, reject, or make a counteroffer.
Generally speaking, settlement negotiations take several months, but if the case is particularly complex or large in scope, negotiations can take over a year. Both parties might sometimes agree to mediation to help resolve disputes and avoid a lengthy and expensive trial.
6. Heading to Trial
The case will go to trial if the parties cannot agree on a fair settlement. Both sides will make arguments and present evidence to support their claims. Having an experienced attorney well-versed in malpractice law is vitally important at this stage to help you navigate the court proceedings.
Trials can last just a few days or for several weeks. Once the judge delivers the verdict, your attorney will either help you collect damages if you win or help you file an appeal if you lose or are otherwise dissatisfied with the verdict. The appeals process often takes several months.
Even though medical malpractice cases can sometimes take years from start to finish, getting financial compensation to help cover your medical costs, recovery, pain and suffering, or lost wages is important.
Don’t go through it alone. If you have been injured or harmed due to the negligence or actions of a healthcare professional, consult with a personal injury attorney specializing in malpractice law to evaluate your case today.
