Patients entrust their survival and well-being to medical experts when seeking care. When healthcare professionals give patients poor care that causes them to suffer suffering or injury, this trust can be destroyed.
Negligence in medicine has serious consequences. Research claims that medical errors cause about 250,000 deaths in the United States annually. Despite state-by-state variations in medical malpractice laws, the basic idea is still the same. Patients who are harmed by careless medical treatment have the right to seek reparations. Let’s look at the legal process of pursuing a medical negligence claim.
Seeking Legal Advice for Medical Malpractice
Speaking with a malpractice attorney will help you spot a possible medical malpractice lawsuit. A Georgia medical malpractice lawyer will review your case and search for evidence of medical negligence. They will also help you analyze cases of misconduct.
A medical malpractice attorney may also help you understand your legal rights and the claims procedure. They will walk you through the whole legal procedure to position you to acquire the most recompense for your injury. They could also help you to estimate the value of your claim.
Consult a medical malpractice lawyer as soon as possible. Your window of time to submit a medical malpractice claim is limited. Should your case be filed one day late, the court may dismiss it.
Collecting Evidence of Medical Mistakes
You must present evidence of medical negligence in order to receive reimbursement. You and your attorney can gather witness testimony and your medical records prior to starting the claims process. Following the filing of a lawsuit, the discovery process allows the parties to communicate relevant information and includes:
- Interrogatories: A series of questions you will answer regarding your case.
- Depositions: Recorded interviews conducted with both your lawyer and the defense present.
- Exchange of medical records: Your medical records are shared for the defense to review.
- Independent medical examinations: Evaluations performed by a doctor who is not your regular physician.
Filing a Medical Malpractice Lawsuit
The first step in a medical malpractice case is to file a complaint. Your attorney files the complaint. It describes the lawsuit’s foundation and the parties liable for your injury. You are the plaintiff as the victim of medical misconduct. The defendants are the negligent medical providers.
The defendants will respond to the complaint. As new information becomes available, the parties are free to revise their complaints and responses. Typically, the defendant’s physician’s insurance company represents them. The doctor’s legal representation is handled by the medical malpractice insurance company, which aims to provide the least amount of compensation feasible.
Trial or Settlement Negotiations
Claims involving medical negligence are complex. There may be many defendants in these cases, and they frequently take years to go to trial. Before they even get to court, most medical malpractice cases are settled. Frequently, parties reach a settlement agreement before a jury trial.
A settlement involves agreeing to abandon your legal claims in return for a payment. The insurance company consents to provide you with a specific sum of money to dismiss the lawsuit. Opting for a settlement can be advantageous for various reasons, such as:
- Sidestepping the expense, duration, and emotional toll of an extended trial
- Securing a definite payment
- Eliminating the uncertainty of a jury’s decision
- Allowing you to move forward with your life
Endnote
The choice to settle rests with you. While your attorney can offer negotiation support and legal guidance, the final call is yours alone. If you are against accepting a settlement, your attorney cannot make you do so. Ask your lawyer during settlement talks how much you might get out of the deal or if going to trial is a better course of action.
