When a medical error results in injury or illness, the patient may decide to take legal action. A lawsuit is a complex endeavor that requires extensive research and expert testimony to succeed.
A medical malpractice claim is a specific type of civil lawsuit that involves the plaintiff suing a health care provider for negligence, or failure to follow a standard of practice. The plaintiff must prove that the healthcare provider breached that standard of care and that the breach caused harm. The harm may be financial, such as lost wages or medical bills, or non-economic, such as pain and suffering. In some cases, punitive damages are available.
In a Medical malpractice lawsuit guidance provided by experienced professionals case, the plaintiff is the patient or the person designated by the patient as acting on their behalf (such as an executor of the estate). The defendant is the healthcare provider who is being sued. It could be a doctor, nurse, physician’s assistant, psychologist or any other medical professional.
The plaintiff must demonstrate that the healthcare provider breached the standard of care by showing that other medical professionals would have acted differently under the circumstances. The plaintiff must also show that the breach of the standard of care caused their injuries or illness. A common way to establish this is by hiring a medical expert to review the case. In addition to the expert testimony, the plaintiff must produce evidence such as medical records, lab reports, witness testimony and any other relevant documentation.
Malpractice claims require a great deal of detail in order to be successful, and it’s important that you have a strong attorney on your side who can work through the facts of your case with a high level of skill. While determining whether or not you have a valid claim, your attorney should ask for details about the original health condition that led to treatment, the medical mistake that led to the health issue and the financial, physical and emotional impact of that medical error on your life.
It’s also a good idea to keep in touch with your attorney as they work through the details of your claim. This will help clarify any inconsistencies and allow you to learn what they think about your case as they work through it.
Ultimately, your attorney will prepare to file a notice letter with the physician’s insurance company. This is a requirement under Texas law in order to encourage presuit negotiations and settlement. Depending on the facts of your case, your lawyer may choose to file the suit immediately, or they may decide to wait and see if the case settles before going to trial. Most medical malpractice claims are settled at this stage rather than going to trial. This is preferable to both parties because it saves time and expense, as well as the stress that a trial can cause. It is a good idea to check the statute of limitations in your state so that you don’t miss out on this opportunity.