How Does a Medical Malpractice Suit Work?




Millions of people are injured due to the negligence of medical professionals each year. Things like surgical errors, misdiagnoses, and childbirth mistakes can cause serious and lasting harm, and personal injury attorneys may be able to help you recover damages for your unneeded suffering. However, medical malpractice lawsuits are not as simple and straightforward as many people think, so if you are considering filing one, it’s important to know what to expect.

Here are the five basic steps involved in medical malpractice suits:

  1. Investigation

Before a suit can even be filed, it must be demonstrated that your injuries were the result of negligent actions on the behalf of a doctor, nurse, or other medical professional. This may take some research, and a qualified law firm should be able to help you look into things like medical records, doctor’s histories, and administrative notes.

  1. Filing

Once medical negligence can be demonstrated in your injuries, then the formal lawsuit can be filed. Your personal injury lawyer will determine who should be held liable for your injuries, and focus the suit on that party or parties.

  1. Making a case

After the lawsuit has been filed against the negligent party, the process of gathering evidence begins. In order to have a strong case on your behalf, it’s important to have as much solid evidence as possible, demonstrating harm and negligence in your medical treatment.

  1. Negotiation

Oftentimes, medical malpractice lawsuits can be settled outside of court, and a good attorney may be able to save you the stress and expense of trial. They will be able to negotiate with the other parties involved, and see about getting you a fair compensation settlement for your suffering. However, some cases end up going to trial.

  1. Trial proceedings

When a settlement cannot be negotiated outside of court, a trial is warranted for your medical malpractice case. Your attorney will present your case in front of a judge and jury, who will examine the evidence, and make the final decision for your case’s outcome. This is an especially critical time to have a seasoned personal injury attorney on board, who can fight for you.

If you or someone you loved has been injured due to the negligent actions of a medical professional, it’s important that you speak with an attorney right away to see if you have a case. Reach out to Nater Law today and ask for your free consultation.

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