If you have suffered certain injuries due to the negligence or fault on part of the doctor or the hospital, you have the legal right to file a medical malpractice lawsuit and seek compensation with the professional help of medical malpractice lawyers. Having an insurance is beneficial as well because you can have the right protection when you find yourself in this kind of situation. The judgment of such lawsuits often comes in the favor of the victims, but it will sill depend on how efficiently you handle the process. You must be well aware of the legal procedure and how to proceed with the same. If the judgment comes in your favor, the court may order the responsible party to pay for the damage; you have the right to be compensated for everything including the resulting medical bills, lost wages because of injuries, and even for your pain and sufferings. Following are the five basic steps that you must take in this regard.
Know About The Statute Of Limitations Applicable In Your State
When it comes to filing a medical malpractice lawsuit, the first thing you have to do is to check your state’s statute of limitations for these types of cases. As per the laws, you must file the lawsuit with the help of your law firm within a certain period of time. If you fail to file the lawsuit within that period, you will lose your right to sue the negligent doctor or hospital. The statute of limitations varies from one state to another; it can range from one year to several years. It is also important to note that this time period begins from the date when you find out the injuries (sometimes, the injuries are internal, which you come to know about only at a later stage). You may also ask a professional on malpractice evaluation to assess if you have a strong case.
Gather Necessary Documents
The court requires proofs and evidences. No one is going to accept your verbal claims even if you are speaking the truth. Therefore, make sure you keep all documents safe, such as your medical bills, medical reports, and other such things. Your chances of winning compensation depend very much on how many and what kind of proofs and evidences you have to support your claim.
Discuss Your Case With An Attorney
Though the laws have been designed in a way to protect the rights and interests of the victims, it is not easy to handle your case without the help of an attorney. Unless you are an expert in this field of law, you will not be able to proceed without a lawyer. Choose an attorney from a reputable medical malpractice law firm. Most attorneys offer the first consultation free of cost. You can take this as an opportunity to interview 3-4 lawyers, as it will help you make an informed decision that who among them is the best for your case. The lawyer will look into all the aspects associated with your case and then will tell you whether you have a viable case or not; if yes, they will educate you about your legal options. Do not forget to bring all necessary documents when you meet the lawyer during the first consultation. A thorough review of those documents will put the lawyer in a better position to provide you the best legal advice. They will look into even the smallest details to find out the legal violations by the responsible party.
Notify Your Doctor About It
Before filing a medical malpractice lawsuit, you must send a notification in this regard to the doctor you are filing the lawsuit against. If you do not do so, you risk getting your lawsuit dismissed straightaway. You must send a legal summon to the doctor that you are filing the lawsuit and why. The laws require you to wait for a certain period of time for the doctor’s response. The idea behind such mandatory notifications is to provide both the parties an opportunity to settle the case outside the court through negotiations. If no mutual resolution is reached through talk, you can seek justice in the courtroom.
Most lawyers handle medical malpractice lawsuit cases on a contingent fee basis, which means they charge their fee only after they help you get compensation. They usually charge commission, which is a certain percentage of the total amount of compensation you receive. Depending upon your specific situation, you may or may not be required to pay for the filing fee. For people with low income, the filing fee is often waived off. But, it is important to note that you are still likely to be liable to pay for other court charges applicable to your case.