If you or a loved one has been the victim of medical negligence, you may be wondering how successful such claims are. Here’s an overview of what to expect. While every case is different, and results can vary, we hope this information will give you a better understanding of the process and what to expect.
There Will Be Resistance
Unfortunately, most of these cases are won by the doctors being sued. There are various cases taken to court resulting from negligence at Calvary Cancer Hospital and the success rate differed from how strongly it was presented. You must be ready for strong resistance whenever involved in a medical negligence case.
Understand that resistance will come from insurance companies, the hospital or doctor’s lawyer, and even the doctor themselves. Insurance companies may try to push for a settlement that is lower than the claim value, or they might even deny liability entirely. The lawyer representing the hospital will want to protect their client and may try to discredit your claim.
You’ll Want Legal Representation
You must hire a capable lawyer who will aid your cause to preserve justice against medical negligence. The legal representation should be able to present a case that is supported by medical evidence. Your attorney will also prepare legal documents and manage the legal proceedings.
Having legal representation can ensure that you are kept informed of your rights throughout the process and provide an additional layer of protection from any potential mistakes. Furthermore, a lawyer is invaluable in providing objective input on how best to approach the situation and navigating any unexpected challenges or delays in court proceedings. In short, having legal representation makes it more likely for you to receive proper compensation for damages incurred due to medical negligence.
Get A Second Opinion
You must get a second opinion when you are pursuing a medical negligence case. It is important for getting an independent and unbiased statement about your case from a professional in the same field of medicine as the doctor you believe is responsible for malpractice.
A good doctor will be able to tell right away if your case is worth pursuing in a legal manner. Getting a second opinion can also help you decide if seeking compensation is the right decision for you and your family. It may feel overwhelming to have to make these decisions, so getting another medical opinion can help put the choices into perspective.
Evidence Is Key
You’ll also want to gather various types of evidence that will support your claim. These are the following:
- Medical records
- Medical bills
- Recorded doctor appointments
- Written communication from your doctor
- Witness statements.
These pieces of evidence should be reviewed carefully and thoroughly to ensure it is accurate, reliable, and relevant to the case at hand.
Time Is Of The Essence
There is a strict statute of limitation when it comes to medical negligence cases, which means time is of the essence. It is important to act quickly and seek counsel from an experienced attorney who understands the nuances of medical malpractice law in your jurisdiction.
The time you have to file a claim may vary depending on state laws and other factors such as whether or not there were any minors involved in the case. Because time can be a major factor, it is important to contact an attorney as soon as possible after discovering possible negligence so that all necessary steps are taken within the statutory time frame.
Always Tell The Truth
You must remain honest and truthful while dealing with a medical negligence case. It is one of the most important things to always remember in these cases. No matter what, always tell the truth. If you make any false statements or withhold any relevant evidence, it could have serious legal implications for you and your case.
At all times, be honest with your attorney and provide them with accurate information about the incident in question. Deliberately lying can not only jeopardize the outcome of your case but also land you into a potential criminal liability if discovered later on.
Negotiations Are A Given
It’s fairly common that medical negligence cases end up with negotiating a settlement. That means the person claiming to be wronged and the medical professional or facility involved in the case come together with lawyers and attempt to reach an agreement. Negotiations can take longer than preferred, as all parties want what’s best for them, but agreements are usually reached sooner rather than later.
Negotiating is an important part of a medical negligence case because it allows both sides to come up with a solution that works for everyone. The negotiating process allows each side to bring their wants, needs, and concerns to the table and work through them until a resolution is found.
Medical negligence should never be taken lightly because these claims face strong resistance. This is why you must hire a lawyer and get a second opinion from an independent medical expert. Make sure to find and preserve evidence and always be timely in these cases. Finally, always tell the truth in court and be ready to negotiate your settlement!
