People trust healthcare professionals to deliver competent care to improve their wellbeing. They turn to healthcare institutions as they believe that they can cure their illnesses and give them quality care.

But, what if after a medical procedure, things start to go downhill and your health deteriorates?  Or, you have been misdiagnosed and you now suffer from a life-threatening condition?  Your body may bear some tell-tale signs that something may have gone wrong and that you are probably a victim of medical malpractice. Do you have a stand against professionals backed with years of medical experience and a team of defense attorney intent to sway the jury in their favor?

What Is Medical Malpractice?

Medical malpractice is defined as the failure to deliver competent care, resulting into an injury to a patient. It can occur as a misdiagnosis, wrong treatment, or negligence in after-care management. While there are obvious cases of medical malpractice, like a sponge or medical instrument left inside the patient’s body, some may surface after treatment has been given, making it difficult to establish a link between the cause and the injury. 

Malpractice lawsuits are the most challenging of all cases since they require extensive proof to establish negligence on the part of a healthcare professional. It can also be intimidating to go against a prominent healthcare institution, insurance company, and lawyers that may contest your claim. However, these factors are eclipsed when you consider the detrimental state of your wellbeing, lost income, rehabilitation, pain, and suffering it has caused. Suing for damages can provide compensation for all the unfavorable impacts of medical negligence.

As such, here’s how you can navigate a malpractice lawsuit:

• Consult A Medical Malpractice Attorney 

It’s best to have your potential claim evaluated by a competent medical malpractice attorney. They can determine if you can sue for damages or if your case needs further evidence to back your claim. They can, likewise, give you an assessment based on years of experience with criminal law and extensive knowledge regarding medical malpractice. 

They can also quote an estimate of how much you can collect for damages based on average settlement for medical malpractice. You can rely on them to file the case within the prescribed period and to represent you all throughout the litigation process.

• Gather Evidence 

In a malpractice claim, the burden of proof lies in the plaintiff (patient) to establish negligence on the part of the healthcare professional. This often includes medical records, such as:

• X-rays and ultrasounds
• Photographs
• Detailed statements from the patient
• Witness statements (from family or friends)
• Financial evidence 
• Test results
• Prescriptions

It is imperative to obtain these documents as these serve as evidence to establish malpractice on the part of the healthcare professional.

• Seek Medical Expert To Support Your Claim 

It’s also necessary to have a medical expert substantiate your claim. The expert you enlist needs to have board certification and practice in the same medical field as the physician you are suing. A medical expert is vital to your malpractice claim since they have the capacity to explain to the jury how the healthcare professional failed to follow the standard of care and how such negligence caused injury to the patient.

The medical expert provides an opinion in the form of a written affidavit, known as a Certificate of Merit, or as an expert witness during the trial. 

• Consider Out-Of-Court Settlement

A medical malpractice lawsuit can be lengthy and exhaustive for both parties. Given the additional strain and stress it can give to an already ill patient, it is, therefore, wise to consider for settlement as compensation. The amount for settlement takes into account several factors, such as:

• Loss of income
• Permanent injuries that may impact future earnings 
• The extent of physical and emotional anguish suffered 

Doctors tend to favor out-court-settlements since it saves them time and money. While a settlement is not an admission of negligence, it can show the extent of a healthcare provider’s cooperation and sincerity in extending assistance to compensate for sustained injuries.

Takeaway Points 

Patients must not be intimidated by healthcare professionals or providers whose negligence have caused substantial effects on their health. While the burden of proof weighs down on patients, enlisting a malpractice attorney can provide them with the needed guidance in obtaining evidence and expert testimony to establish grounds of medical malpractice. Whereas going on trial can ensure compensation for damages incurred due to healthcare negligence, such a process can be time-consuming and stressful. A settlement, therefore, serves as a more favorable option that can give the patient a sense of comfort and security despite injuries from an unfortunate incident.