How to Prepare for Medical Malpractice Lawsuits
Victims of medical malpractice often decide to file a lawsuit to request compensation for damages, like injuries and lost wages. Litigation is a complex process that often takes months or years. To ensure the best chance of success, victims should follow a series of steps that includes identifying medical malpractice experts witness providers who can support the plaintiff’s claim for damages.
Find a competent attorney.
When deciding whether to file a medical malpractice claim, it is important to discuss the situation with an attorney who specializes in this area of law. You can check with the local Bar association to see if the attorney has a good record and reputation. Ask how long the attorney has been practicing in medical malpractice and percentage of cases that have been won or settled favorably on behalf of the client. After discussing your case with the attorney, you will have a better idea if he or she is someone you can work with.
Complete medical care.
A medical malpractice claim arises from some type of medical injury, negligence, or mistake. If new or further treatment is recommended, or if you have symptoms that require diagnosis, follow through on medical evaluation, tests, and treatments until you have regained normal health or as good of health as can be expected. Continue taking medicine or therapy as long as prescribed to ensure the best possible recovery.
Organize support documents.
It will be very important for your attorney to collect medical evidence based on the information provided by the victim. Typically, the victim signs a permission form that allows the attorney to receive copies of the patient’s medical records. The patient may be asked to provide a timeline of events, a list of medical providers and expenses, and a journal or diary of personal thoughts or observations on the medical issues. Documents may be requested for tests, therapies, medications, doctor visits, and other types of medical procedures.
Identify key witnesses.
If it appears the plaintiff is a victim of medical malpractice, a medical expert witness may be sought to confirm injuries. This person may be called to testify for the plaintiff if the complaint goes to trial. It is important that the witness be a respected expert in that field of medicine and that he or she supports the victim’s complaint of damages.
In addition to medical issues, a victim of medical malpractice may lose work due to someone’s negligence. Lost wages may become part of the demand for compensation. Other types of losses may be considered for compensation, too, including any impact on family or spousal relations and recreational activities.
Medical malpractice can be proven with the help of clear records and a knowledgeable expert witness. More information can be found if you visit the JD.MD, Inc. website.