How to File a Medical Malpractice Lawsuit

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In Dec 2005, Tracy M. Luna filed a lawsuit for St. Thomas hospital's medical malpractice after the death of her husband. With a good lawyer and the proper evidence, she won the lawsuit.

A survey revealed that about one-third of patients die due to medical malpractices even when they could be saved clearly. So if you think that you or someone you know was subjected to this case- get ready to file a lawsuit. We have you covered with this article if you are unsure about how to do it.

What is Medical Malpractice?

Before explaining how to file a lawsuit, there are some things that you must have explicit knowledge of- one of them being what medical malpractice is. For starters, medical malpractice is the practice of medication or care below the standard for code of practices.

For example, if a health care professional injures the patient while treating them, this is considered medical malpractice. On the other hand, if no harm is done even if the patient is not cured- this will not result in malpractices. The following are some examples of cases that can be counted as medical malpractices officially:

  • Mistakes in monitoring the amount of anesthesia to be injected in a patient.
  • Not being able to prove the need for all used equipment in a surgery.
  • Failing to monitor the heartbeat of a patient during surgery.
  • Failing to diagnose a medical condition during an exam.
  • Administering medications that could lead to fatal results.
  • Injuring a patient due to improper techniques or practices.

How to File a Medical Lawsuit?

If you are going to file medical lawsuits, don't simply file one as soon as possible. If you are wrong and there is not enough evidence to prove medical malpractice, you might end up losing the suit. That is why there are several procedures you need to follow before jumping into your gun.

Talk to a Medical Malpractice Lawyer

The first thing you must do is contact a medical malpractice attorney. There are certainly a lot of injury cases in a hospital, and whether the case you need to file about is malpractice or not would need to be identified by the lawyer.

In addition, different states will have different laws regarding medical malpractice cases. An experienced lawyer will help you meet the requirements while complying with the state laws and filing the case before the deadline stated by the law.

Get the Certified Copies of Your or the Victim's Medical Record

If you want to prove certain medical malpractices, you will need to get a hold of the medical records. They are one of the best evidence needed to fight any medical case. Medical records before and after the malpractice will prove whether this is indeed a malpractice case or not.

In addition, showing the files to the lawyer in advance will help you gain any insight that you might miss. If it is not a malpractice case, the lawyer would advise against filing a losing lawsuit.  

Notify the Court or Lawsuit Authorities

To raise any potential lawsuit, you will need to notify your state court regarding the case. The court will be working towards a conclusion to the case and whether the defending party (i.e., the doctor or medical professional) is guilty or not.

This is also why you need a lawyer to fight for you. An experienced lawyer knows how to negotiate tactics best and win any case.

Compensation

If you win the lawsuit, you will be entitled to receiving compensation. This is because the court considers that you might have been too distressed about the malpractice to work and earn money. There are various compensations, and depending on your stability and negotiations with the lawyer, the monetary compensation might increase.

Of course, if you lose the suit, you are also expected to pay for compensation. If you are going to file for one, be prepared for either winning or losing.

Conclusion

Medical Malpractice is a horrific act by any healthcare professional and often leads to death. While professionals must make sure not to carry out any malpractices, it is also essential that you bravely file a lawsuit against them if they are guilty of one so that they do not do the same thing again.

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