What happens after a patient files a medical malpractice claim

You may feel scared and unsure after filing a medical malpractice claim. The next steps will be reviewing your case with a lawyer, filing an official complaint, and getting all the needed proof. When you work closely with your attorney, your journey toward compensation will be much easier.

According to the National Center for Biotechnology Information, around 400,000 hospitalized patients experience preventable harm each year. A lot of people are living with pain because someone they trusted with their health wasn’t careful.

Patient legal rights allow you to claim compensation if you find yourself in such a situation.

What Are the Most Common Medical Malpractice Claims?

You’ll be able to tell where your situation may fit within the medical claims process once you learn about common claims. Most people go to court due to:

• Being wrongly diagnosed
• Medication errors
• Not getting treatment
• Suffering birth injuries

If a nurse overlooks changes in vital signs, their mistake can turn into life-threatening events, for which you may be able to sue them.

What Are the 4 Elements of a Medical Malpractice Claim?

Missing an element in the medical claim process can make it harder to win your case. Each of the four parts is important when you’re trying to prove that you deserve to be compensated.

1. Duty of Care

Nurses and doctors in Washington and across the US agree to be responsible for your care once treatment begins. Whoever you file a claim against must be someone who owes you professional care. They must act with:

• Skill
• Attention
• Caution

Listening to your symptoms and asking questions about your health is part of the duty of your medical care provider.

2. Breach of Duty

Failing to offer the care you should get means a specialist hasn’t met their duty. A breach happens when your treatment falls below what other experts in the same field would consider the accepted standards.

Many Paul da Costa medical malpractice cases often involve comparing what your doctor did against what others normally do.

3. Causation

You need to prove that the mistakes of someone else led to an injury when navigating claims. Show causation by presenting the court with:

• Medical records
• Timelines
• Expert opinions

4. Damages

You may start suffering in many ways when a healthcare provider breaches their duty of care. Some effects may show up immediately, and some may take years. Common damages are:

• Lost wages
• Medical bills
• Stress
• Physical pain

Don’t just think of your damages in terms of physical injuries or the money you spent on treatment. A doctor’s negligence can also cause emotional pain or make your relationships suffer. Each of these things should be part of your claim.

Legal Processes Explained: Stages After Filing a Medical Malpractice Claim

You’ll follow several post-claim steps as you seek compensation and recover from harm. The process becomes less overwhelming when you have a lawyer by your side.

Initial Case Review

Lawyers need to look at your medical records when taking your case. Important things they’ll consider are:

• Test results
• Charts
• Notes

Tell your lawyer about when you noticed something was wrong so they can use the information to create a timeline.

Formal Complaint Filing

The defendant will get a notice and start working on their response once your lawyer files a complaint. A complaint is an explanation of:

• The mistakes made
• Injuries suffered
• Who is responsible

Discovery Process

You need to answer questions under oath during a deposition. It’s part of the discovery process.

The questions may be about what you experienced. Discovery allows both sides to share information with each other.

You can take a break when you feel stressed or triggered during a deposition. Work with your lawyer to prepare and know the questions to expect so you can answer them in the best way.

Expert Review and Opinions

Judges and jurors may not understand complex medicine. They can tell what went wrong and what should have happened instead based on experts’ opinions.

Experts help them know about the proper standards of care. You’ll have a better chance of proving you didn’t get the best treatment by getting opinions from people trusted in the medical field.

Settlement Talks

You won’t always need to go to trial to get compensation because you can settle after negotiating with the other party.

Trials are often stressful for patients, so lawyers often do their best to avoid them. You can always accept or decline an offer if you feel it doesn’t match the harm you suffered.  

Trial Proceedings and Compensation

Trying to settle out of court may not always work out. Your lawyer will organize the evidence and witness list and present them in court.

Judges or juries use the evidence to decide responsibility and the compensation you can get. Have a good support system when you go to court because you’ll need to be emotionally strong.

Frequently Asked Questions

How Long Does a Medical Malpractice Case Take?

It depends. A less complicated case can take less than a year.

Going to trial or dealing with a lot of medical complexities prolongs a case. You’ll be aware of what’s happening at each stage and have peace of mind if you have a good lawyer representing you.

How Much Money Can a Claim Provide?

The amount varies. Ensure you talk about all the damages in your case instead of just the obvious ones. The harm you suffered influences how much you get.

Having an expert predict the treatments you’ll need in the future allows you to get better compensation.

Will a Claim Affect My Ongoing Medical Care?

No. You might worry about the kind of treatment you’ll get in the future because you have a case in court.

Many hospitals will assign you to a new expert, so you can have peace of mind. You can always get a new provider and continue with your care plan.

Navigate Medical Malpractice Claims With Less Stress

Filing a medical malpractice claim is important if you didn’t get the best care. Medical records help you prove negligence and timelines.

A lawyer will offer the guidance you need when filing a claim or preparing for depositions. You should still continue to get any needed medical care if you want to build a better case. Check out our news page for guidance on legal processes.