If you have been a victim of negligence in the hands of a trusted doctor or health care professional during medical treatment, you are not alone. Experiencing medical malpractice is unfortunately very common.
In fact, according to Johns Hopkins Medicine, medical malpractice is the third highest cause of death in the United States.
When malpractice occurs, it can be a traumatic experience. The thought of legal action can add to the stress. However, a well-structured legal approach is essential for helping you achieve justice.
At Midwest Injury Lawyers, we understand that medical malpractice lawsuits can be complex and overwhelming. That’s why we’ve created this guide to walk you through the steps of filing a medical malpractice complaint so you can be closer to securing the compensation you deserve.
What is Medical Malpractice?
Medical providers like physician assistants, doctors, and nurses are expected to adhere to a certain standard of care.
However, they are not responsible for every adverse outcome a patient may experience. They are only liable if the patient suffers harm due to a deviation from the expected quality of care.
For medical malpractice to be considered, several other factors must be involved. These include a failure to provide a proper standard of care, an injury resulting from negligence, and the injury must have damaging consequences, such as considerable medical costs or loss of income.
Medical malpractice can manifest in various forms, such as misdiagnosing an illness, committing surgical errors, prescribing incorrect medications, or other medical mistakes. Surgical errors, in particular, account for a substantial portion of malpractice cases.
Step 1: Consult a Medical Malpractice Lawyer
Due to “tort reform” efforts aimed at reducing healthcare costs, many states have made it more challenging to sue for medical negligence.
Thus, your first step should be to consult a medical malpractice lawyer. They will assess your medical malpractice complaint, verify if it has merit, and provide guidance on the next steps.
A good lawyer will both represent you and help you understand the legal process and what to expect. Moreover, medical malpractice cases often involve intricate details, so you need a lawyer who can simplify and present evidence effectively.
At Midwest Injury Lawyers, we provide FREE consultations to understand the depth of your care – and determine if you have legal grounds to file a medical malpractice claim. This session allows you to ask questions and evaluate whether we are the right fit for your case.
Step 2: Initial Investigations
Your attorney will first investigate your case, which includes asking you questions to gain a complete understanding of your situation.
To build a strong case, you need evidence. You’ll need to supply medical records, witness statements, and expert testimonies. Your lawyer will help you collect and organize this information, ensuring all relevant documents are included.
This investigation may reveal either that your case lacks sufficient grounds or that it is stronger than initially thought.
Step 3: File a Medical Malpractice Complaint
With all the necessary evidence in hand, your attorney will proceed to file a medical malpractice complaint. This complaint form details your allegations and the compensation you are seeking.
Your attorney will meticulously prepare the complaint file, making sure it includes all pertinent information. Keeping track of all documentation and dates can help you stay organized throughout this process.
Remember to file complaints within the statute of limitations, which differs from state to state. In Illinois, this timeframe is two years. Adhering to this timeline is crucial to avoid losing the right to pursue your claim.
Step 4: Pre-Trial Discovery
During pre-trial discovery, both parties share information and evidence to prepare for trial. This phase includes depositions, interrogatories, and requests for documents from healthcare providers.
Your attorney will represent you throughout, ensuring your rights are upheld and all necessary evidence is collected. To make this process go smoothly, it’s essential to be cooperative and promptly provide any requested information.
Step 5: Expert Witnesses
In medical malpractice and personal injury lawsuits, expert witnesses are essential. They offer testimony that strengthens your claims and helps the court understand complex medical details.
Your attorney will find and work with experts who can explain the standard of care expected in your case. Typically, this expert is a physician in the same field and region as the defendant, which adds credibility to their testimony.
In many states including Illinois, an expert witness must submit an Affidavit of Merit before the discovery stage, certifying that the case has a valid basis.
Step 6: Settlement Negotiations
A large number of medical malpractice cases are resolved through settlements rather than going to trial.
In these negotiations, your attorney will work with the defendant’s legal team to find a fair and just resolution.
Reaching a settlement means you receive compensation without the lengthy process of a trial through the court system. This process can save time and reduce stress, providing a quicker path to the financial recovery you need.
Step 7: The Trial
If a settlement cannot be reached, your case will go to trial. Trial preparation involves organizing evidence, preparing witnesses, and developing a legal strategy. Your personal injury attorney will guide you through this process, ensuring you are well-prepared for court.
During the trial, both sides present their cases to a judge or jury. This includes opening statements, witness testimonies, cross-examinations, and closing arguments. Your lawyer will advocate for you, presenting evidence and making compelling arguments on your behalf.
Expect the trial to be thorough and potentially lengthy. The process is designed to ensure that both sides have an opportunity to present their evidence and arguments fully.
Step 8: Verdict, Judgment, and Appeals
Once both sides have made their case, the judge or jury will deliberate to reach a verdict.
If the verdict is in your favor, the court will award damages for medical expenses, lost wages, pain and suffering, and other associated costs. These compensations aim to cover the financial and emotional toll of the malpractice.
If either party is dissatisfied with the outcome, they can file an appeal. The appeals process involves a higher court reviewing the trial record and considering additional arguments to determine if the original decision should be upheld or reversed.
Don’t Wait to File Your Medical Malpractice Complaint
Filing a medical malpractice lawsuit can be daunting, but understanding the process helps. By following these steps and working with an experienced attorney, you can seek justice and obtain the compensation you deserve.
Remember: medical malpractice cases have strict deadlines and require meticulous preparation. Don’t delay in seeking the legal help you need.
At Midwest Injury Lawyers, we have a team of skilled medical malpractice attorneys who will work tirelessly to protect your rights. We work on a contingency fee agreement, meaning we charge you nothing out of pocket to take your case – and we don’t require fees unless we win.