Medical Malpractice Process
If you believe you have been the victim of a medical mistake, you may be wondering what steps to take next. Do you have any rights? Are you entitled to compensation? Many patients just want their doctor to acknowledge they made a mistake. Tragically, many people hurt by doctor errors and hospital mistakes are turned away or told they are just imagining things. Some patients spend years looking for answers.
At LawMD, we are committed to advocating for people who have been harmed by doctor errors. Many of our lawyers are also physicians, and we have spent years in hospitals and by patients’ bedsides. Doctors take an oath to do no harm. When they hurt a patient, they have an ethical and legal obligation to step up and admit their mistakes.
When we meet with a client for the first time, we begin by explaining how the medical malpractice process works. Medical malpractice cases have a well-deserved reputation for being complicated and difficult.
If you have been injured by a doctor, hospital, or medical professional, you can’t afford to choose an inexperienced lawyer. The process may be difficult, but a knowledgeable attorney can help you get through it, so you can get the compensation you deserve and move on with your life.
Gathering Information about Your Injury
The first step in the process of building a case is gathering as much information as possible about your injury. This involves reviewing your medical records, treatment records, and any documentation related to your claim. We may also speak with individuals who have knowledge about your injury and how it affects your daily life.
In some states, the law requires plaintiffs in medical malpractice cases to obtain a certificate of merit, which is a statement from a doctor in a similar field acknowledging that the doctor in the patient’s case failed to deliver the appropriate standard of care. In some jurisdictions, this document is called an affidavit of merit, which means the same thing. Not all states require this step, but many do. Our lawyers will explain which law applies to your case and whether you need to obtain a certificate of merit.
Negotiating a Settlement
It can be difficult to predict whether a case will settle, or whether it will proceed all the way to trial. Many insurance companies refuse to negotiate until a case has actually been filed. At some point during your case, it is likely you will have an opportunity to consider a settlement. Deciding to settle a medical malpractice claim is a big step, as you waive your right to pursue a lawsuit when you accept a settlement offer. Our lawyers will help you consider the pros and cons of settlement versus going to trial, so you can make an informed decision about your case.
The Trial Process
When we talk about trial, we are really describing both the trial preparation process and the trial itself. Preparing for trial involves many tasks, including conducting depositions, consulting with experts, preparing discovery, and responding to discovery. Many of these steps are also important for settlement negotiations, however, they are absolutely essential in the event your case goes to trial.
If your case does not settle, we will help you protect your rights in court. The idea of trial can seem intimidating, but you can rest easy knowing our lawyers are experienced litigators who have devoted their careers to litigation.
Call Today to Discuss Your Case
Ready to learn more about our approach to medical malpractice cases? Our lawyers are available to speak to you today. Call LawMD now to receive a free case evaluation. Call 888-695-2963.