6 Steps of a Medical Malpractice Lawsuit
Medical malpractice occurs when a health care provider neglects to provide a patient with appropriate treatment or provides substandard treatment that leads to injury or death. In Maryland, a health care provider can be medically negligent if they treat a patient below the industry standard of care or injure a patient in the process. In this case, a patient may be eligible to file a medical malpractice claim.
If you find yourself dealing with a medical malpractice case, there are certain steps you must take in order to ensure you receive the correct compensation. The list below will walk you through the standard events and timeline to help give you a better idea of what to expect moving forward.
- Hiring the Right Attorney. It is important to have the right help by your side. A well-versed attorney can help you file your case, prepare you for filing claims, and make sure nothing slips through the cracks. All of this is important and can end up becoming a costly mistake if you try and go about this process alone.
- Obtain copies of all of your medical records. These documents will be the backbone of a strong medical malpractice case. Making sure your attorney is fully aware and has access to all information could be what makes your case rather than breaking it.
- Notify All Insurance Companies. Your insurance company should be aware of any potential lawsuit as well as the hospital or doctor’s office involved. Oftentimes, insurance companies will prioritize profit and offer you a settlement that is far less than what you deserve and are entitled to.
- Comply with all pre-suit requirements. Pre-suit requirements are intended to speed up the legal process and take care of any unnecessary obstacles and stressors. These requirements also open the door for discussions pertaining to the possibility of early settlements to avoid having to bring the case to lengthy court proceedings.
- File the Lawsuit. The filing of the lawsuit starts the clock on when a case will get to trial. Generally, it will take anywhere from 1 to 3 years for a medical malpractice case to get to trial.
- Going to Trial. If you are not offered a settlement or do not want to settle the case, the case will eventually get to court. A medical malpractice trial can last a week or more. One important thing to know about trials is that just because a lawsuit is scheduled for trial does not mean that the trial will actually occur on that date. Trials often get rescheduled because of the judge’s schedule. If your medical malpractice trial gets canceled, you should not automatically assume that something inappropriate is happening. Unfortunately, it happens all the time.
We entrust doctors and physicians to take care of our health, but when that trust is betrayed, it can result in painful and ultimately life-changing injuries. Potter Burnett Law consciously focuses their litigious efforts on providing the most relief for clients. With a strong history in, and outside the courtroom, Potter Burnett Law is ready, willing, and able to fight for your rights, and reparations.