When it comes to their health, a lot of people put their trust in the hands of medical professionals. Unfortunately, there are instances when their well-being is jeopardized due to the negligence or mistakes committed by these healthcare providers.

Medical malpractice is when a doctor or a healthcare facility causes an injury to a patient through negligent practice of their standard procedures. Ask a lawyer, and  they will say that medical malpractice takes place when there is a violation of the recognized “standard of care”, which is the kind of care that is carried out by all medical professionals “under the same or similar circumstances”.

Dealing with an injury caused by a medical malpractice is already painful as it is, and things can turn for the worse as you deal with a settlement case hearing. This process may be difficult, so here are the things you should expect if you would ever find yourself in such a situation:

• Providing Proof

 In order for a claim to be justifiable, a patient must have proof that the sustained injury would not have happened if the medical professional was not negligent. They must prove that the negligence directly caused it. If there’s an injury, but there’s no proof of negligence, then, you’re better off forgetting about the case.

This holds true even for an obvious case, such as obstetrical malpractice. This is when a grave mistake during labour, delivery, or right after the birth has caused severe or fatal injuries to the newborn. Examples include cerebral palsy or brachial palsy. There must be sufficient evidence that the medical professional breached the standard of care, and that it directly led to the injuries.

To take a medical claim to court, the patient must show that the injury resulted in hardship, unusual pain, disability, loss of income, as well as significant medical bills.

• Expenses

 Pursuing a medical malpractice case is no cheap deal, not to mention, stressful. As mentioned above, patients must provide credible evidence. If the damages are not evident, the cost of pursuing may not even be worth it, and may be greater than the ultimate recovery.

In most arrangements, the attorney will initially pay for the lawsuit costs. If the patient wins, the attorney will deduct the costs from the winnings, then, split the rest based on the agreed contingent fee.

Aside from attorney fees, the most expensive cost is for the expert witnesses. They can charge hundreds to thousands of dollars per hour to review the evidence. Other costs include the hospital fees, which you need to pay when requesting for medical record copies, and court filing fees.

Unfortunately, more than 80% of medical malpractice cases result in no payment towards the injured patient or their loved ones.

• Time-Consuming

Going through a settlement case hearing will take a lot of time. This is because there will be a lot of evidence to be read. There will be pages after pages of medical information to go over, such as medical reports, x-rays, nurses’ notes, statements from experts, in-person discussions, and many others. Also, the evidence won’t only be from the plaintiff (the initiator of the lawsuit) and the physician or medical facility, but also from other medical professionals outside the case.

The tribunal (jury) usually receives the papers two weeks before the hearing date. Just imagine the hours you’ll need to spend on gathering all the necessary pieces of information and reading them, not to mention the hours of deliberating for a settlement. The most staggering fact in all of this?   It takes, on average, 16.5 months to file a lawsuit, and another 27.5 months to get to a resolution.

• Lots Of Questions

The questions that you’ll be asked are, sometimes, created to confuse, irritate, or catch you off guard. So, it’s of the essence to carefully listen to and understand these queries no matter how strange and irrelevant they can be.

Always refer to the medical records at hand, and don’t hesitate to have the queries rephrased so you can understand them better. Most importantly, don’t rush answering these questions. Also, remember that your lawyer is there to guide you through the process.

Conclusion

Going through a medical malpractice settlement case may be daunting. Thus, it’s always best to approach it with solid research and knowledge, especially on what may happen during the process. Make sure you have all the necessary pieces of evidence. You also need to be patient with how long it might take, be prepared for the expenses, and keep your composure when asked confusing questions. Remember that it is you who went through the consequences of medical malpractice, so put in mind that you are fighting for your well-being, as well as of those of future patients.