Nobody enters a hospital thinking they will be the victim of a medical error. Sadly, this happens to countless individuals each year. Some errors are minor and go undetected. Others, however, can lead to the need for a victim or their loved one to file a lawsuit against the hospital.
No person should consider suing the hospital on their own. They need an attorney to help them navigate the legal system and the complexities of the case. The attorney understands the nuances of the case, who to sue, and more. Patients may be hesitant to take this step, but doing so is essential to ensure the responsible parties are held accountable and others don’t fall victim to similar errors.
Medical Malpractice
When a medical professional doesn’t meet the standard of care and a patient is harmed, they may be sued for medical malpractice. A malpractice suit is complex and requires a thorough understanding of medical procedures and the accompanying standard of care. The patient must prove that the professional failed to meet this standard, which led to their being harmed. Medical records and expert testimony are needed to provide this proof.
Filing a Lawsuit
The first step in filing a suit is determining whether there is a case. There must be a breach of duty before a case can be filed, and the person must be harmed. There is no case if the professional doesn’t meet the standard, and nobody is hurt.
Medical records must be gathered to prove the breach of duty. Without this documentation, the case cannot move forward. A medical malpractice attorney is needed to review the records and determine the strength of the case. If they feel there is a case, they will file a formal complaint with the court.
This complaint outlines the facts of the case, how the provider was negligent, and what damages are being sought. Next, the discovery process begins, and both sides exchange information. When negligence occurs in a hospital, the attorney must determine the employment status of those responsible. The case will be handled differently for an independent contractor than a hospital employee.
The case may be settled out of court. The attorney handles negotiations on behalf of the victim. The case goes to trial if all parties cannot agree on a settlement. The attorney will handle jury selection, presentation of the evidence, opening and closing arguments, and other tasks.
Paying for Legal Advice
Many patients worry about paying an attorney. Most lawyers handling medical malpractice cases work on a contingency basis. They only get paid if they win the case, and their pay is a percentage of the final settlement amount after expenses. Expenses may include expert witness fees, medical record charges, and more.
Recovery and the Legal Process
Hiring an attorney benefits individuals as they can focus on recovering. The attorney handles all legal aspects of the case so the victim doesn’t have to. The victim should also rely on family, friends, and others who make up their support system so they have physical and emotional support throughout the process.
Medical professionals undergo extensive training to reduce the risk of errors. Patients deserve the highest quality of care. Medical professionals must be held accountable when they don’t meet the standard of care. Attorneys help patients ensure they are, reducing the risk of others going through similar situations. These lawsuits often lead to improved hospital practices and patient safety, so everyone wins.