Coming in right after cancer and heart disease, medical errors and negligence is the third main cause of death in the U.S.
Put simply, medical negligence includes situations when healthcare providers fail to provide patients with the proper medical treatment, administers insufficient medical treatment, or do not perform the proper medical action. Medical negligence cases arise when these issues result in injuries, trauma, or death.
Keep reading to learn more about medical negligence cases and how to tell if you have legal grounds to file a lawsuit.
1. Proving Medical Negligence
To ensure you have a successful medical negligence claim, you need to know how to prove negligence occurred. You must build your case on evidence.
If you are unable to prove that what happened to you was a mistake and that it caused an injury, your case won’t be successful.
Some documents to acquire to support your medical negligence lawsuit include:
- Medical records like ultrasounds and X-rays
- Reports from medical experts
- Financial evidence
- Witness statements
- Detailed statements from you (the claimant)
It’s also smart to hire an experienced attorney from sweetlaw.com to help with your case.
2. Medical Negligence Cases Can Take 12 to 36 Months to Complete
No two medical negligence claims are exactly the same. That’s why the timeframe for completion varies so much.
Usually, you can expect your claim to take between 12 and 36 months. However, the actual duration of your case depends on how complex it is, how cooperative the defendant is, and how severe your injury is.
If the defendant in the case admits negligence, you can process your claim quickly. More complicated cases will take longer to complete.
3. You May Not Have to Go to Court
For most people, going to court is the main concern when making a medical negligence claim. However, several cases are settled before going to court.
Most claimants are provided a financial settlement. If you have a more complex case, court proceedings may be needed, so make sure you are prepared if going to court is necessary.
4. Compensation Considerations
Several factors are considered when it comes to compensation for a medical negligence claim. Some of the factors include:
- Severity of your injury
- Loss of benefits
- Length of projected recovery
- Loss of future earnings
- Impact on day-to-day life
- Punitive damages
Since there are so many factors that come into play when determining compensation for a medical negligence case, it is smart to have an attorney helping you through the process.
Handling Your Medical Negligence Case
When it comes to medical negligence cases, many factors can impact the outcome. The information here provides a brief overview of what you can expect with these cases.
It is smart to hire an attorney who can help walk you through the project.
For more information about handling legal situations and other resources, be sure to check out our other blogs.