Medical malpractice personal injury claims can be complex, emotional, and overwhelming. Filing a medical malpractice claim involves navigating legal procedures, collecting evidence, and determining the extent of your injuries. It’s important to understand what to expect when filing a medical malpractice personal injury claim, so you can prepare yourself for the process.
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What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to provide a standard of care that a reasonably competent provider would have provided in similar circumstances. Medical malpractice may include:
- Failure to diagnose or misdiagnosis
- Delay in diagnosis or treatment
- Surgical errors
- Anesthesia errors
- Medication errors
- Birth injuries
- Wrongful death
What to do if You Suspect Medical Malpractice
If you suspect that you or a loved one has suffered injury due to medical malpractice, it’s important to take action. Steps to take may include:
- Contacting an experienced medical malpractice attorney. An attorney with experience handling medical malpractice cases can help you determine if you have a case and what steps to take.
- Obtaining medical records. Gathering medical records can help you and your attorney determine if medical malpractice occurred. Medical records can also provide insight into the extent of your injuries.
- Requesting an independent medical examination. An independent medical examination can help provide an unbiased opinion as to whether medical malpractice occurred and the extent of your injuries.
Filing a Medical Malpractice Personal Injury Claim
Filing a medical malpractice personal injury claim involves several steps, including:
- Pre-litigation investigation: Your attorney will investigate your case to determine if you have a viable claim. This may involve collecting medical records, consulting with medical experts, and determining the extent of your injuries.
- Drafting the complaint: Once your attorney has determined that you have a viable claim, they will draft a complaint that outlines the details of your case.
- Filing the complaint: Your attorney will file the complaint with the court and serve it on the defendants.
- Discovery: Discovery is the process of gathering evidence to support your case. This may involve depositions, written interrogatories, and requests for documents.
- Settlement negotiations: Your attorney will attempt to negotiate a settlement with the defendants. If a settlement cannot be reached, your case will proceed to trial.
- Trial: At trial, your attorney will present evidence to prove the defendants’ liability and the extent of your injuries. The defendants’ attorneys will attempt to prove that their clients are not liable.
Damages in Medical Malpractice Personal Injury Claims
If you win your medical malpractice personal injury claim, you may be entitled to damages. Damages may include:
- Economic damages: Economic damages compensate you for financial losses that you have suffered as a result of the medical malpractice. Economic damages may include medical expenses, lost wages, and future medical expenses.
- Non-economic damages: Non-economic damages compensate you for non-financial losses that you have suffered as a result of the medical malpractice. Non-economic damages may include pain and suffering, emotional distress, and loss of consortium.
- Punitive damages: Punitive damages are intended to punish the defendant for their conduct. Punitive damages are only awarded in cases where the defendant’s conduct was particularly egregious.
Conclusion
Filing a medical malpractice personal injury claim can be a complex and emotionally charged experience. It’s important to work with an experienced attorney who can guide you through the legal process and help you obtain the compensation you deserve. By understanding what to expect when filing a medical malpractice personal injury claim, you can prepare yourself for the journey ahead.