People place a special type of trust in doctors and medical personnel. You can say we put them on a pedestal. After all, they dedicated their lives to saving people. This trust is well deserved most of the time. But doctors and nurses are only human. They do make mistakes. It’s the sad truth that their mistakes are bigger and deadlier. There’s no room for error in the medical field.
There’s no need for patients to settle for their physician’s mistakes. Medical staff who was negligent should be accountable for their actions. Especially as medical malpractice isn’t as rare as we hoped. One study even stated that medical mistakes have led to 250,000 Americans dying every year.
The idea of going after health personnel or organization is daunting. Most people who filed for medical malpractice don’t know the first thing about how to file a case. It’s better to leave this in the hands of an expert hospital negligence lawyer. They understand the different stages of the malpractice claims procedure.
Make First Contact
Your initial action should be to contact a good malpractice attorney. You must provide your lawyer with a summary of your claim. They will assess it and discuss your chances and options. You can rely on your lawyer to tell you the truth about your claim. They will also discuss your funding options. You can be eligible for legal aid or opt for a “no win, no fee” arrangement.
Get the Relevant Records
You need to back up your claim with the relevant documents. A patient has access to their own records and can ask for them. But there might be other documentation that’s needed. Medical malpractice lawyers are in a better place to ask for them.
These records are then reviewed by a medical expert and a solicitor. Your medical malpractice lawyer can then determine the merits of your case. They will then inform the defendant of your complaint and claim. They will become invited to make an initial admission.
Proving Causation
Your side will have to show that your current condition or injury is due to negligence. The court will not consider conditions that are always expected. For example, it’s a risk that could happen during treatment and was then explained to you.
Your legal team will need to prove your claim in two ways. One, they need to prove that the treatment you received was not reasonable. You could also show that you didn’t receive the proper treatment for your condition. This is what’s called a breach of duty. The medical lawyer should also show that this caused harm. This is the causation. Medical experts will become tasked to prove or disprove your claim. These specialists are independent and without bias.
Establishing Value
Your lawyer will start to calculate the value of your claim once they receive the report from the expert. They will look at general damages and special damages. The pain and suffering you’re going through are part of the former. Any expenses that came out of your own pocket fall under special damages. These calculations have to adhere to guidelines established by the court.
Your legal team will then present their case to the defendant. They will then take steps to investigate it. They can then contest it or admit to the negligence.
Making Sure Your Rights Are Always Protected
You have the right to demand compensation when you’re the victim of negligence. Warner and Warner can help you get the justice you deserve. We’re one of the best trial law firms in Orlando. We guarantee that we’ll fight for your rights. We have a team of experienced lawyers passionate about this. We handle medical malpractice lawsuits and personal injury cases. We also take on nursing home neglect and wrongful death cases. You can ring us at (321) 972-1889. You can also drop us a line at info@warnerandwarner.com.