Being responsible for the health of other people and taking care of them is a noble profession. There is a reason why doctors have been respected in every society throughout the ages. However, in certain cases, medical professionals don’t provide the patient with the help they need and cause them harm
When something like this happens, the victim has the right to ask for compensation. This means filing a medical malpractice claim and going to court if the negotiations fail. In this situation, it’s important to understand what are your options as well as what are your chances of winning the case. Although hiring a lawyer is not an obligation, it would be wise to have someone on your side who has experience with these types of cases. Not every medical malpractice incident is the same but certain factors are important to secure a win if the case goes to court.
Hiring an Experienced Lawyer
As we already mentioned, you are not required to have a legal representative by your side when you appear in court but it would be a good idea if you want to be on the winning side. Certain surveys say that in just 10% of cases where the plaintiff didn’t hire a lawyer, the judge made the ruling in their favor.
Someone with extensive experience in medical malpractice will be able to provide you with all the necessary information from the get-go. As stated by a skilled Washington DC medical malpractice lawyer, this legal process is not quick nor easy. That’s why it is important to have in your corner a professional who will lead you every step of the way. The attorneys know the ins and outs of the judicial system and can help you navigate this situation in a difficult time of your life. They will let you know what documents you need to collect to present them as evidence and are aware of how to talk to insurance companies.
Sending a Demand Letter
One of the most important steps is sending a demand letter as it marks the official beginning of the procedure. In this letter, you or your lawyer need to clearly state your legal claim and the compensation amount you think you deserve. This will allow you to test the waters aka to see whether the insurance is ready to cooperate and lead negotiations or you should file a lawsuit.
Due to the plaintiff’s lack of knowledge of the legal sphere, this step is often missed but it has been proven significant in the cases where the deal was reached. This is also another reason why having an attorney is a good decision.
Proving Negligence
Your claim needs to be backed by the evidence. If you can’t prove that you have received poor service from the medical professional, you don’t have a case. However, remember that negligence doesn’t have to be intentional to file a lawsuit. Doctors make mistakes but if those mistakes caused you suffering and pain, they will be held responsible.
You will need to request your medical record and hopefully, there will be some clues as to what actually happened. The fact that most of these come in a digital format nowadays is good since one of the big problems in the past was not being able to read the handwritten notes. Your attorney will probably also ask you to visit another doctor who will assess your health. Another important step during this process is taking testimonies from the medical staff working at the hospital as well as people who are close to you.
Convincing a Jury
People sitting in the jury need hard evidence that your doctor has done something, intentionally or unintentionally, that caused you harm. This needs to be proven beyond reasonable doubt if you want to get the desired amount. When it comes to trials, it’s all or nothing.
These types of claims usually get settled outside of the courtroom due to different reasons. If you’re thinking about starting this procedure, you should know that the jury most of the time makes decisions in favor of the defendant. But your lawyer will be able to assess the situation and honestly tell you whether you should make a deal or go to court.
If you want to increase your chances of winning a medical malpractice lawsuit, having a skilled lawyer by your side will be of great help. These types of legal procedures are generally complex and long so you want someone who will be able to stir you in the right direction.
