Medical Negligence Lawsuits: 8 Things You Should Know

As a patient, the last thing you want is to go to a hospital and return with more injuries. Hospitals are there for your safety and well-being, but sometimes a situation can spiral out of hand. You could get the wrong treatment, the wrong prescribed dosage, or the wrong surgery. These cases come under medical negligence, and patients can take the legal route to get justice. Unfortunately, not every case is easy to identify and prove.

Before you decide to pursue a lawsuit, it is essential to know what the process is and what it means for you. Some medical negligence cases require concrete evidence, such as hospital paperwork and proof that the patient sustained more injuries after the visit. Suppose you choose to proceed without substantial evidence and go for a medical lawsuit. In that case, you may end up in deeper waters. To save yourself from trouble, here’s what you need to know about medical negligence lawsuits.

1. What constitutes medical negligence?

Medical negligence sometimes also constitutes medical malpractice. It occurs when a healthcare provider misdiagnoses, prescribes the incorrect drug/treatment, or performs surgical/medical errors. The result of this malpractice can cost a patient their life, result in permanent physical disabilities, or flush a substantial amount of hard-earned money down the drain. Without the proper guidance, you may not know how to build a case. However, if you get good legal counsel and learn more about the problem, it’ll be more straightforward.

2. You need to prove if medical negligence happened

Different doctors will approach your case when you’re in the hospital. This doesn’t constitute negligence. Negligence runs deeper. It is how a healthcare staff comes to your help and ignores your concerns or your medical records. Or even worse, ignores medical SOPs. As a result, you get a high dosage of medicine, unfair treatment, or medication that you may be allergic to. If you want to ensure your claim is successful and not a minor mishap on the doctor’s part, you need evidence. Evidence includes but is not limited to X-rays, financial statements, and reports from medical experts. The more evidence you collect e, you have a high chance of winning the lawsuit.

3. Get yourself a legal advisor

A legal advisor will run through your claim and explain if you have a case at hand. Lawyers can tell you if you need more evidence or if your claim is substantial enough for you to proceed. When you get the clearance, your case goes to a medical expert for further review. A medical expert can help you identify the boundaries of your treatment and where the medical practitioner went wrong. Suppose the purpose of your case is not to seek compensation but an apology. In that case, you can bypass this process and issue a letter to your doctor instead.

4. How long can your case last?

Your medical lawsuit depends on the complexity of your case. If you happen to have a very lengthy case with multiple healthcare practitioners, the case will go longer than a few months. If your case is a straightforward one, then it can get wrapped up in a few weeks or possibly even days. However, when you’re going for a legal case, your legal advisor can set you a timeframe on how long your case can go on. This timeframe can help you plan better, especially if you need to gather more evidence.

5. You may not have to go to court

You don’t have to go to court and resent your case before a judge and jury. Instead, you can opt for a settlement. The settlement involves putting forward your demands before the other party. The other party, in this case, will be the hospital or practitioner. If they agree to your claim, you may get compensation immediately. If the hospital doesn’t agree, proceed to court. So if you feel nervous about going to court, don’t be. However, it will help if you mentally prepare yourself for your lawsuit to make it to trial. Your legal advisor will help you understand what the picture of your case looks like and what the defense will probably say.

6. How is compensation calculated?

If you’re looking for compensation, it depends on numerous factors. Medical negligence solicitors consider all the evidence you submit and the defense statements to calculate the amount. Here’s a list to help you understand the compensation better:

• The severity of the resultant injury or harm to your health
• The recovery time
• The impact on your life
• Psychological, emotional, and social damage
• Your loss in inheritance
• The loss in your earnings
• The loss of benefits

Your friends and family are also due compensation if they had to take care of you for the duration of your recovery. You may mention it in your claim.

7. Medical negligence has a time limit

When you’re filing a claim, you need to find out your state’s limitations. If your state allows you to file a claim after two years of your injury, you need to be aware of the timeframe. This is important because while some patients seek to file a claim right away, not all patients do that. If you happen to file a lawsuit after your time limit has exceeded, you will not get compensation. However, there are exceptions- if the patient is under 18 or does not have the mental bearings to file. In both cases, the state grants a longer time.

8. You can file a case from home

Legal teams and advisors are very flexible. Suppose your recovery doesn’t allow you to leave your house for an extended period. In that case, many legal firms will still be willing to help you. You can contact them online and even arrange a virtual meeting to get legal help right away. You shouldn’t need to discomfort yourself by going to a legal firm.

Wrap up

Before you file a legal lawsuit against medical malpractice, you need to know what you’re getting into. No legal case can proceed without substantial evidence and solid groundwork for your claim. This is why you need to know the rules of filing a formal medical negligence/malpractice lawsuit. The last thing you want is to miss crucial deadlines, miss out on evidence, or know how to draft a proper case. The ultimate goal of any medical lawsuit is to ensure you get compensation and an appropriate apology for the mishap that befalls you.