What are the Stages of a Malpractice Claim?
Malpractice cases are tough to deal with. If you are making a claim, you may now have to face the burden of going to court in addition to any injury you might have suffered. Malpractice cases are often very serious, too. However, most people are unfamiliar with them, as they tend to be very rare, and few are prepared to deal with them. Understanding the stages of these kinds of lawsuits will allow you to be better prepared and could help your case. Let’s take a look at what steps you’ll need to take when filing a malpractice claim.
Contact an Attorney
Contacting an attorney is the very first thing that you should do. The good news here is that most attorneys will charge on contingency, meaning that you’ll only have to pay them if you win. That doesn’t mean, however, that you can just go with any lawyer. You have to go with one that has a solid track record and that will not hesitate to go to court for you.
This is because many will tend to rush the process so they can get a deal as soon as possible and do as little work as they can. This is why you need to know how many of their cases were settled and how many times they actually went to court. You also want to know what these judgments looked like.
Investigation
This is probably the most important part of the case. At this stage, your lawyer might be using a medical document retrieval service like American Retrieval to get access to medical records. These could be doctor records, hospital records, visiting nurse records, or anything else that can help your case. Working with a lawyer who has some sort of medical background will also be a plus since they’ll know exactly what to look for.
Once this is done, the attorney will usually get in touch with a few medical professionals. These experts will review the information and write a letter supporting your case. Your lawyer will then be able to file your case in court.
Tribunal
The way the tribunal is formed will differ depending on the jurisdiction. In some states, a judge, attorney, and physician will have to hear every action of the malpractice lawsuit before it can proceed to court. A panel will usually be formed to review the case and see if you have any grounds to sue.
Discovery
This is when each party can request information from each other. During this stage, each party will be questioned under oath. Documents can also be requested during this time.
Settlement
A settlement may also be possible and should be considered. This will allow you to avoid a trial which can be lengthy and strenuous. You also have no idea what you’ll end up getting. This is why you should consider any reasonable offer.
Trial
This should be your final resort, but it’s often inevitable. Both parties will present their arguments. Experts can be called on both sides to testify, as well as witnesses. If the jury decides to rule in favor of the plaintiff, financial damages will usually be awarded.
These are the steps you can expect to take when initiating a malpractice claim. Make sure that you know exactly what to expect, and work with someone who has extensive experience dealing with these types of cases.
