You or your advocate files a medical malpractice suit if you are injured or die due to a wrong medical action or decision. You, the victim, seek compensation from the doctor, nursing staff, or medical facility due to this unjust decision or action. A wrong medical decision causes you to incur a mound of unexpected medical bills and possibly a loss of income. We understand that this necessary action can also cause you to feel unnecessary guilt and embarrassment.

The person you sue is the one who caused the malpractice, which is called the defendant or care provider. Your accident/injury/wrongful death attorney awaits the defendant’s answer to this claim. As soon as the defendant’s explanation is filed, the court schedules a Medical Malpractice hearing. This hearing is necessary to evaluate your case and the sufficient legal claims of medical malpractice by the plaintiff.

When you have been the victim of medical malpractice and have healthcare-related injuries as a result, it is best and to your benefit if you seek the legal counsel of a seasoned medical malpractice attorney. Never bring your case to court with no legal representation, as you will not win your case. There is a remote possibility you could win your case; however, the success of getting sufficient and fair compensation is in question.

The purpose of your lawsuit for medical malpractice is to obtain fair compensation for harm caused by this mistake, be it the doctor, the staff, or the medical facility. Your lawsuit intends to seek help paying unexpected costs associated with wrong medical actions or decisions.

Never be afraid that your medical malpractice case damages the doctor or nurse’s license. Your issue never directly affects their medical license status because this lawsuit does not revoke a medical license. This type of suit does not mean the end of the doctor’s medical career. When a medical malpractice suit is filed on a doctor, the medical board may investigate whether the doctor presents a threat to the public, has a malpractice claims pattern, or is highly reckless and negligent.

If the doctor or nurse is found at fault for medical malpractice and held liable, there is an entirely different judicial process outside civil court to determine whether a professional license is lost. These cases are complex because you placed trust in your doctor to oversee your care, prevent side effects, avoid complications and injuries.

When a doctor does not perform the standard of care as expected, negligence may develop, which is devastating to you and the medical staff emotionally, physically, and financially. It is even exceedingly tricky when you have a long-standing relationship with your doctor. You may have second thoughts about filing a medical malpractice claim, such as found in a few following reasons.

  • A missed diagnosis
  • A wrong diagnosis
  • Wrong medication ordered, bringing about complications
  • Proper medication ordered to the wrong patient
  • Wrong surgical procedure
  • Correct surgical procedure on the wrong side of the body

Filing a medical malpractice lawsuit can make you nervous and anxious. No one enjoys going to court, taking the witness stand, and facing the accused. You need to know that many of these cases do not reach the court system, and fair and just settlements are determined before the case comes to the court. Your attorney must decide if your case is strong against the defendant, and fair compensation can be agreed to outside court.

After you file, expect the following

  • Most states allow you two years to file a medical malpractice case when a set medical standard of care is breached. You must know that a medical malpractice case can take one to two years from the time you filed to when a decision is finally made. Other considerations are affecting this time frame, such as foreign objects left in you after surgery. In these cases, you have one year to file.
  • The attorneys decide if you have a legitimate claim
  • The defendant and the plaintiff must explore all the facts of what happened.
  • Be prepared for trial in a court of law but know that your attorney could settle outside the court.
  • You and your attorney calculates and decides a fair and just settlement.
  • Both parties are obligated to share information
  • Both sides have their expert medical witnesses who must agree that medical negligence occurred, and a settlement is reached. If one side disagrees, then the case must go to court.
  • Everyone tries to avoid going to court because these court cases can take a month to years.
  • Never settle for an unjust settlement.
  • If settlements are awarded, you must decide which is best, a lump-sum settlement or a structured settlement plan.
  • Speak with your attorney about their fees and how you can pay them

A call to action for a fair and just settlement

If you do not file a claim and get the fair compensation you deserve, you will have to pay for these unexpected expenses out of your pocket. These cases are meant to pay for these expenses due to negligence by someone else.