No one should have to experience medical malpractice. Medical professionals don’t always make the right call, but you don’t have to go through things alone if their negligence has caused you or someone you love harm.
If you are looking for help on how to file a medical malpractice claim, working with trusted medical malpractice lawyers can lift some of the burden. While you figure out the next steps, understanding the typical procedure can also give you some peace of mind.
If you or a loved one has been affected by medical malpractice, G. Eric Nielson & Associates is here to help. We offer free consultations, and you won’t pay unless we win your case.
What Is Medical Malpractice?
According to Bal (2009), Medical malpractice occurs when a healthcare provider (including, but not limited to a doctor, nurse, or hospital) “…acted negligently in rendering care, and that such negligence resulted in injury.” However, it’s important to note that not every negative outcome counts as malpractice.
Common Examples of Medical Malpractice
While this isn’t a comprehensive list, some of the most common examples of medical errors include the following:
- Surgical Errors: Operating on the wrong site, leaving surgical instruments inside the body, or other mistakes during procedures.
- Misdiagnosis or Delayed Diagnosis: Failure to identify a condition in time, leading to worsened outcomes.
- Medication Errors: Prescribing the wrong medication, incorrect dosages, or overlooking harmful drug interactions.
- Birth Injuries: Medical mistakes during labor and delivery that result in harm to the baby or mother.
A legal expert can help you determine if your situation qualifies as medical malpractice and help you file a claim.
How to File a Medical Malpractice Claim
Filing a medical malpractice claim can feel complicated and overwhelming. When you have an idea of the steps involved, you can feel more grounded during the process.
Step 1: Seek Medical Attention and Document Injuries
Your health and safety are always the priority. If you were injured or had complications due to malpractice, get the proper medical care immediately.
Documenting your injuries is also important. Take photos and videos of your condition and save related medical records and bills. These can provide the necessary evidence to evaluate and potentially support your claim.
Step 2: Consult with a Medical Malpractice Attorney
Meeting with an experienced attorney will help you navigate the unique challenges and nuances of medical malpractice cases. During your initial consultation, the attorney will listen to your experiences and review the documentation.
The attorney will help you determine if you have a viable malpractice case. An attorney well-versed in medical malpractice will ensure you meet all requirements, including the deadline for filing.
Step 3: Gather Evidence
The strongest cases are built on strong evidence. If your situation is the result of medical malpractice, your attorney will help you collect:
- Medical Records: Documents listing your care and treatment.
- Expert Opinions: Statements from medical professionals who can confirm negligence.
- Photos or Notes: Personal documentation of your injuries, such as before-and-after photos or notes on your injury/impact on your life.
The testimonies of medical experts can strengthen your claim. They understand the typical procedures of treatment and can connect a healthcare provider’s actions to the harm you experienced.
Step 4: File the Complaint with the Court
Once your attorney has gathered the evidence you need, they will formally file a complaint with the court. This document outlines your case’s information, including:
- The defendant(s) (e.g., doctors, nurses, or hospitals you’re suing).
- A description of the alleged malpractice (what went wrong).
- The injuries or harm that resulted from the negligence.
- The damages you’re seeking, such as compensation for medical expenses, lost wages, and pain and suffering.
Once your claim is filed, the legal process continues.
Step 5: Discovery and Negotiation
During the discovery phase, both sides exchange information and evidence. This can include:
- Sharing documents, including medical records, bills, and correspondence.
- Conducting depositions (formal interviews under oath) with witnesses, experts, and the plaintiff or defendant.
- Issue interrogatories (which are written questions exchanged between parties to clarify facts).
The majority of malpractice claims are resolved by negotiation. Attorneys may work to negotiate an out-of-court settlement. This means avoiding trial while providing you compensation.
Step 6: Trial (If No Settlement Is Reached)
If negotiations fail, your case will go to trial. Though trials can be lengthy, your attorney will support you all the way. They will present your evidence, call expert witnesses, and argue your case before a judge or jury to help you receive the best compensation possible.
A trial concludes with a verdict from the judge or jury.
G. Eric Nielson & Associates Is Ready To Take Your Case
If you or a loved one has been the victim of medical malpractice, don’t wait. Schedule your free consultation with G. Eric Nielson & Associates today. We’ll evaluate your case, guide you through your options, and handle every legal step—all with no fee unless we win.
You deserve answers. You deserve justice. And you deserve a legal team that’s been fighting for victims for over 20 years. Contact us today and let us help you move forward.