How Do You Start a Medical Malpractice Case?

Malpractice cases can take a lot of time to resolve and involve a lot of work. The whole process technically begins when you suffer an injury at the hands of a medical professional. While this is the inciting incident, if you will, the case proper might not begin for months or years after this event as it can take that long to recognize that malpractice has occurred.

Once you've noticed the injury, you should approach a lawyer and consult with that lawyer about whether you did indeed experience malpractice and if you have grounds for a lawsuit to seek compensation for your injuries. Together, you will figure out what amount of money you'd like to seek in damages. Your total damages will be a combination of the money you've had to pay out to have your injuries treated, the money you may have lost because you couldn't work, and any money that you believe is fair compensation for your pain and suffering.

Once you know how much you intend to pursue in damages, your lawyer will send a letter to the defendant, informing them of your impending lawsuit and asking for the amount of damages you've agreed to pursue. After considering your request, the defendant will decide whether to pay you the money you've asked for, which will bring the matter to a conclusion. They may instead choose to make a counteroffer. Counteroffers are generally smaller than the original offer. If you decide that this offer is fair, you can accept it and the case will end.

You can also choose to reject the counteroffer and proceed with your case, at which point your lawyer will file the proper paperwork with the courts. You and your lawyer will then begin the process of preparing for a trial. Your lawyer may ask you to see a doctor to get additional confirmation of your injuries. The defendant's attorneys may also ask you to see a doctor of their own choosing to independently decide if your injuries were indeed the result of malpractice lawyers.

Your lawyer will also obtain copies of your financial records to prove how much you've had to spend to treat your injuries, as well as copies of your medical records to use as evidence during your trial. They may also contract with additional medical experts to act as expert witnesses for your side during the trial phase. At any point during the preparations for the trial, either side may again propose a settlement offer to the other in an attempt to avoid a trial entirely. While some cases do proceed to trial, most are settled out of court in this way. Please check out their official site if you have questions.