How to Be Prepared for a Medical Malpractice Case
When it comes to medical malpractice, there are a lot of factors that will determine your success in court. Obtaining a good medical malpractice lawyer is critical; however, finding the right one may take time. This article is aimed at helping prepare you for your medical malpractice case. We will also give some tips on how to be better prepared for an initial attorney consultation.
Determine Which Type of Medical Malpractice Case You’re Pursuing
Types of Medical Malpractice
Medical malpractice lawsuits are often very complex. This complexity leads most victims of malpractice to not even attempt to receive compensation. This is not only an injustice but can be avoided by preparing oneself properly for the lawsuit. Educating yourself about the basics of medical malpractice will make a considerable difference when it comes time to build your case. There are many different types of medical malpractice and it is important to figure out for which one you will be pursuing compensation.
Negligent omissions are forms of medical malpractice, which means there is an absence of care that results in harm. Such as:
- Failure to diagnose or late diagnosis
- Misdiagnosis
- Failure to properly treat
There are also forms of medical malpractice that result in errors during various treatments. Examples include:
- Surgical error
- Failure of a Medical device
- Error during child delivery
- Medication error
- Anesthesia error during surgery
Steps to Prove Medical Malpractice
Once you’ve identified a potential medical malpractice case, here are some tips and suggestions for how you will need to prepare. The success of your medical malpractice lawsuit depends on several factors, but the court formally recognizes three. In order to win a malpractice suit of any kind, the plaintiff must prove the following in court.
1. The Defendant Owed a Duty of Care.
In medical malpractice cases, this is usually simple. Much precedent has been set to describe the duty of care owed by a medical professional to a patient.
2. The Defendant Breached Their Duty of Care
Understanding the duty of care owed to the plaintiff, the jury must find that the defendant committed an act or failed to act, causing a breach of the standard of care owed to the patient.
3. The Plaintiff Suffered Harm as a Result of the Breach
The plaintiff has the burden of proving that his or her injuries were a result of the defendant’s negligence. The severity of the injuries and the monetary damages incurred is what determine the amount of compensation awarded to the plaintiff.
Obtain All of Your Medical Records as Soon as Possible
If you believe you are the victim of medical malpractice, it is vital that you obtain all of your medical records as soon as possible. By doing this your attorney can better assess your case and help determine the next course of action. Anything an attorney or legal team has to do takes time and costs money. Having the relevant medical records available for your legal counsel will help speed up the process.
How to Obtain Medical Records:
You can request medical records from the doctor’s office, the hospital, or another relevant medical provider. If you are unsure of how to obtain your records or run into any problems, your attorney can be of assistance. Failure to release records upon request needs to be documented as it may be used later in court.
Create a Concise Statement Covering the Malpractice in Detail
Write a statement that details the events leading up to, during, and after the suspected malpractice occurred. This document may assist your attorney in drafting your lawsuit. Be sure to document as much relevant information as possible – like conversations with your doctor, visits before and after surgery, personal feelings, times, dates, and missed work. Your medical malpractice attorney will go over this with you during the initial consultation, so it is important that you have this done prior to meeting for the first time.
Gather Photos to Help Your Case
Documenting your injuries is critical to winning your medical malpractice lawsuit. The absolute best way to do this is by photographing them as much as possible. Pictures of your visible injuries and images such as MRI scans and X-rays are important. Financial documents, such as medical bills, document the damages incurred as a result of medical malpractice. Scans or photographs of these documents should be given to your medical malpractice attorney as soon as possible.
Research To Find an Experienced Medical Malpractice Lawyer
You need an attorney that understands and specializes in medical malpractice cases. Experience is crucial, and having an attorney that knows the relevant case law well will put you in good hands. Due to the complexities surrounding medical malpractice, it should be noted that there may be local and state protections set in place to protect doctors, nurses, medical staff, and even hospitals from malpractice suits. The attorneys at Avera & Smith are equipped to advise on these nuances to ensure justice is served. The wrong legal counsel can mean a disappointing settlement or even worse, a dismissed case. By being properly prepared with a statement, pictures, and medical records, finding the right medical malpractice attorney becomes much easier.
If you or a loved one has suffered medical malpractice, the attorneys of Avera & Smith want to be a resource for you. Please schedule a free consultation so we can further discuss how we can pursue justice on your behalf.