Anytime you feel a treatment given to you by a doctor was wrong or caused a more significant illness or problem, you can discuss that treatment with a lawyer to determine if what happened was malpractice. Sometimes another doctor's opinion can help, but if you feel you need them, a medical malpractice lawyer can help to work out the situation.
Talking With A Lawyer
Experienced medical malpractice lawyers have a good handle on what is deemed malpractice and what might have just been unfortunate results. Because of this experience, if you feel you have a malpractice case, you may want to sit down with the lawyer and discuss the issue with them.
The lawyer you are working with will request your medical records and go through all the details of the case to determine if there is something in the case that looks like it was done improperly. Between the records and your testimony, the medical malpractice lawyer will determine if there is a case to be made and let you know if they want to move forward with the case.
Filing A Law Suit
Your medical malpractice lawyer will spend the time required to pull all the details of your mistreatment together and then file the case with the local court. Depending on the type of malpractice claimed, the doctor could be arrested, but typically that would only happen after the civil case is over.
All the documents that go along with the case will be prepared by your lawyer and filed with the court clerk so that a court date can be set and the court can hear the arguments and evidence surrounding the claim. You will need to be in court, but your lawyer will do most of the talking and present the evidence that supports your claim.
Settling Out Of Court
A good medical malpractice lawyer may recommend settling the case out of court because you have a better chance of winning. If that is the case, your lawyer will sit down with the doctor's lawyers and discuss the allegations and go over the records to determine if there was malpractice or not.
This process is less formal than going to court. If the lawyers can not agree or reach a settlement amount, the case may still end up before a judge for consideration, so it is in both parties' best interest to compromise and settle the case without the hassle of court dates and lengthy trials.Share
8 April 2021