There is no way to sugar coat medical malpractice. It is, without exception, upsetting and tragic. The best case scenario is a patient’s injury. The worst, as is quite obvious, is the death of the patient. Amidst the pain and confusion, it is always difficult to know what the best is to proceed. Despite increasingly proficient medical technology, mistakes do occur and all in the medical industry can be held accountable for their actions – unintentional as they might be.
As Meyers & Flowers acknowledge on their website, medical malpractice lawsuits are not easy processes. They often take a long time to come to a conclusion and can cost an incredible amount. This process does not sit easily alongside the trauma of medical malpractice. However, this is the reality and these obstacles are overcome with experience and utmost professionalism.
The main questions
There are several common questions that we can address in this article. Firstly, the question of what proof is required against the medical provider is arguably most important. Generally speaking, there are four parts to this answer. The first is simple – you just need to show evidence of a healthcare provided-patient relationship.
Afterwards, the medical malpractice needs to be proved. Evidence of lack of care is always helpful and an expert witness is customary. This is a point that requires a lot of legal preparation and is always subject to great debate. Once this has been established, evidence of the patient’s injuries are put forward. Compared to the previous step, this is usually more straightforward.
Finally, the link between improper care and the resultant injuries needs to be clarified. Much like with step two, this clarification usually demands an expert testimony. If you believe that all of the above stages can be proved, you may have a worthwhile case to consider suing for legal malpractice.
These lawsuits, by and large, can be directed to anyone in the medical industry who has been responsible for this malpractice.
How much compensation can you expect?
As is fairly typical of this type of legal work, the compensation you receive varies hugely and depends on the individual case. As a general rule, however, the more serious the injuries are the larger amount of money you receive. This also includes nebulous terms like the amount of pain and suffering that the patient experienced and the reduction in the standard of living.
How long will the lawsuit take?
This is never the news that people like to hear but such lawsuits usually take two or so years. It is not uncommon for settlements to occur before the case goes to trial, clearly reducing the time to settle the claim. If it does go to trial however, you can expect for a long process to begin.
Due to the length of trial time that you can envisage, considering the questions of the required evidence you will need is highly recommended. The line between human error and medical malpractice is rarely a clear one.