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How to deal with Medical Malpractice Cases?


How to deal with Medical Malpractice Cases?

Healthcare is the place for healing, not a place for damage and harm. But in some cases, medical malpractice can cause serious harm and victims are left in a state of mourning due to the negligence of some people. Pursuing the medical malpractice case can be difficult and complex but with the help of proper documentation and good legal representation you can be saved from injustice.

Why Documents Matter?

The whole case is based on proof of negligence of medical professionals. To establish a strong case, you must prove that the victim suffered due to careless behavior of the medical professional, through documents and medical records. Therefore, gathering every document is necessary in this case as it serves as the backbone of the case.

What are some Essential Documents for Medical Malpractice Case?

  • Medical Records: Document your entire medical history from diagnosis to ongoing treatments. These are the most important documents. Try to get all the important documents regarding the medical malpractice case such as scans, prescriptions, doctor’s notes, and test results etc. Make sure to get gather all the documents of treatment you underwent due to the medical malpractice.
  • Medical Bills: All bills that you had to pay due to medical malpractice including surgeries, hospitalization etc. Any additional procedures and receipts for out of the pocket expenses add weight to your claim.
  • Record of your employment: If you lost any wages due to medical malpractice, then keep a record of that as it will help you get compensation for missed wages later.
  • Expert Witness Opinion: The main evidence of medical malpractice is the expert testimony from professional medical experts, who can witness your case and give their opinion on whether the duty was breached or not.

Building Your Case:

Filing a case is not easy, especially filing a medical malpractice case takes courage and time. There are some things that you should be familiar with, such as:

  • Speak with a lawyer: The first step to file a case is to speak with a medical malpractice lawyer. A lawyer can guide you and help you take the step that is good for you.
  • Investigation: Your lawyer will investigate your case and try to find evidence and more information to build a stronger case.
  • Negotiations: Many cases are resolved outside of the court with the help of negotiations. Your lawyer will try to negotiate with the opposite party and see where it goes.
  • Filling a Lawsuit: If negotiations didn’t work out then your lawyer will officially file a lawsuit for medical malpractice causing harm. You should prepare yourself for emotional challenges that will come to your way after that.
  • Discovery Phase: In the discovery phase, both parties will exchange information and evidence to refine the argument and prepare for the trial.
  • Trial: Your lawyer will represent your case in court if a settlement is not reached. Be ready for questions and courtroom pressure and proceedings.
  • Post-Trial Procedure: Depending on the verdict, both sides can file an appeal which will extend the procedure. You just need to be patient, to get through all these stages.

Remember navigating a medical malpractice case is difficult and time consuming, but with patience, proper documentation, and right legal representation you can achieve your desired result. All you had to do was to be brave enough to take steps for the justice you deserve.

If you or someone you know suffered due to the negligence of someone then contact now for a free consultation (718) 414-6642.

Justin William, Esq.

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