The Complete Guide to Medical Malpractice Cases: How to Start One

The Complete Guide to Medical Malpractice Cases: How to Start One
The Complete Guide to Medical Malpractice Cases: How to Start One

There are a lot of different types of speeches that we can give. One of the most useful ones is the instructional speech. In a speech like this, we use our time before our audience to provide them with information that they do not already have. It’s not uncommon to see members of our audience taking notes when we give a speech like this. In order to make a speech like this have an impact, as speakers we first have to take the time to do our research. Once we’ve done that, we’ll be well positioned to create a speech that will connect with our audience. Let’s take a look at how we’d go about researching a speech on medical malpractice cases.

Have you or a loved one been a victim of medical errors? If so, you aren’t alone.

Believe it or not, studies show that medical errors may be one of the most common causes of death in the United States. Malpractice lawsuits happen all the time.

But it isn’t easy to file malpractice cases. There is a lot that goes into it, so you need to know what to do before you start. Below are eight things you need to do before filing your claim.

1. Learn How Long You Have to File

It can take time to put all the paperwork together for a malpractice case. If you had all the time in the world, this wouldn’t matter.

Unfortunately, that’s not the case.

You only have a limited amount of time available to file your case. Each location is different. You’ll need to look at your local laws to figure out how much time you have.

If you don’t have much time, then get started as soon as possible. You never know what can go wrong with the filing process. Getting the process started quickly is the best way to guard against problems.

2. Contact a Lawyer

If you think you handle a malpractice lawsuit on your own, you’re probably wrong. There are a lot of complexities to cases like this. If you don’t have an expert on your side, you’re going to hurt your chances of winning.

Finding the right lawyer for the job will be one of the keys to winning your case. Look for an attorney who specializes in malpractice cases. They will have the experience you need to navigate your situation.

Even starting the process is complicated. You’ll need to deal with review boards, a notice of intent, and medical expert affidavits. If you miss the mark with any of these, then you won’t be able to proceed with your case.

4. Collect All Medical Records

The best evidence in malpractice cases is facts. The medical records of the victim are one of the best ways to prove your case.

Once you have the records, you’ll need to sign them over to your lawyer. After they’re delivered, they will be able to analyze them to come up with a plan for your case. Every case is different, so it may take some time to come up with a way forward.

Your records will also give other medical professionals a chance to examine them. These professionals will help your case by identifying the places where the malpractice occurred.

5. Prove Negligence

If you want to have a solid case, you need to be able to prove without a doubt that negligence occurred in your case. There are several steps to this process.

Prove Duty of Care

The first thing you need to show is the duty of care. This is the backbone of the doctor and patient relationship. The doctor in question must have had an obligation to provide care to the victim.

Prove Breach of Duty

Once you’ve established that the doctor in question had a duty to care for the patient, you need to prove that this didn’t happen. It isn’t enough to just be unhappy with your treatment. You need to prove that the doctor caused harm that wouldn’t have occurred otherwise.

Prove the Negligence Caused Harm

In many cases, malpractice cases are brought about with patients that are already injured or sick. Before proceeding with your case, you need to prove that the injury in question wasn’t a result of a pre-existing condition.

It isn’t enough to say that there was a slim chance that the doctor was responsible for the injury. It needs to be more likely than not that this was the case.

Have Enough Evidence

Even if you’re sure that negligence caused harm, you can’t start your case without evidence. Make sure that all your records and testimony make a compelling case for malpractice.

6. Notify Insurance Companies

Before you start a lawsuit, it’s worthwhile to inform insurance companies about what’s going on. When you do this, many insurance providers will start internal reviews to look at what happened.

In some cases, you may be able to get a settlement without bringing your case to trial. Have your lawyer look over any offers you get from the insurance company.

They are in it to pay out as little money as possible. If you do decide to take a settlement pre-trial, make sure that you get everything you deserve.

7. Don’t Make Contact With Other Parties

It may be tempting to reach out to the defendants in the case.

Don’t do this.

Anything you say to them could put your whole case in jeopardy. The last thing you want to do is say something detrimental and have it held against you.

During the malpractice process, all communication with the defendants should be done through your lawyer. This also applies if any of the defendants contact you first. When this happens, send all communications to your lawyer for them to handle things.

It also isn’t smart to communicate about your case on social media. Consider everything you post online public. If you say the wrong thing, then it could be held against you in court.

8. Calculate Damages

Every malpractice case needs a monetary amount to reward the victims. It’s up to you and your lawyer to come up with a number that makes sense.

There are several things to consider when coming up with this number:

  • Pain and suffering
  • Past medical bills
  • Future medical bills
  • Punitive damages
  • Loss of future earnings

Make sure to check your local laws for any caps on damages recovered from your lawsuit. Every region is different so understanding your local laws is essential to come up with the right number.

Take Your Time With Malpractice Cases

Filing malpractice cases isn’t an easy process. If you miss one thing, then it could jeopardize your entire case. Make sure to follow the tips above so you can start the process the right way.

Leave a Comment