What You Should Know Before Filing a Medical Malpractice Lawsuit

Are you considering filing a medical malpractice lawsuit?

Doctors provide a great service to our community. Under ideal circumstances, they use their knowledge to heal and better the overall quality of life of many people.

Yet, sometimes, medical staff practice negligence when treating a patient or fail to give them the proper treatment. This often negatively impacts the patient’s life.

If you’ve been the victim of medical malpractice, you deserve justice for your experience. But before you file a medical malpractice lawsuit, there are a few things you need to know.

Let’s go into them below. Keep reading to learn more!

A Medical Malpractice Lawsuit Is a Civil Case

Medical malpractice cases are extremely serious since they often result in a patient being injured or having their health negatively impacted. Yet, when a member of the medical field is accused of medical malpractice, they don’t go to prison if the accuser wins.

That’s because medical malpractice cases fall under the civil lawsuit category of law. As such, if you file a medical malpractice lawsuit, you and your attorney will be pursuing financial compensation from the medical professional’s insurance company, not a jail sentence.

Do you believe your doctor or medical personnel has broken the law and deserves to go to jail?

If you do, consider pressing criminal charges against them as well. You can still pursue a medical malpractice case, and some people press charges and file civil suits at the same time.

The Difference Between Medical Malpractice and Wrongful Death

Did your loved one pass away at the hands of a medical professional?

If so, your case might constitute a wrongful death situation. Wrongful death cases are another type of civil lawsuit. What’s the difference between wrongful death and a medical malpractice suit?

Medical malpractice occurs when the negligent or intentional actions of a doctor or member of the medical field result in a patient being injured. Some examples of medical malpractice lawsuit cases include but are not limited to:

  • A doctor failing to treat a patient
  • A doctor prescribing the wrong medication
  • A surgeon or member of the surgery team makes a mistake and causes an injury
  • A misdiagnosis

Wrongful death, on the other hand, occurs when someone dies from the negligent actions of another person. While this person can be a member of the medical community, these types of cases also include fatal car accidents or work-related incidents that result in death.

They Take a While

If you file a medical malpractice lawsuit, you likely won’t see results for a little while.

These cases involve many different steps, including collecting evidence, a demand in which your lawyer asks for medical malpractice lawsuit settlements, and then an investigation phase and possible litigation if your case fails to settle. The whole process might take anywhere from 1.5-3 years.

Ready to Begin Your Medical Malpractice Case?

Now that you have more information about your medical malpractice lawsuit, you’re ready to start on your case.

Medical malpractice is a serious situation, and if you’ve suffered from it, you deserve justice. Hopefully, this article has provided you with the information you need to get started on your journey toward compensation.

Want more advice? Check out the rest of our articles today!

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