After a patient sustains injuries at the hands of a doctor, they must enforce their legal right to recover compensation. The level of compensation they could receive is based on the injuries and how the injuries affect their lives. Mild to moderate injuries won’t acquire hefty settlements, but they can provide funds needed to pay off medical costs. The following are details about what could happen during a hospital malpractice lawsuit.
Filing the Initial Claim
The initial claim must present just cause for the court to approve the lawsuit. It must be based on solid evidence that shows a major loss for the patient. It must also show exactly how the doctor is liable for the patient’s injuries. The patient needs their complete medical records for these injuries.
How are Files Accumulated?
The patient has the legal right to acquire their medical records by filing a request with the hospital. However, if the hospital doesn’t provide conclusive medical records, the attorney can file a motion to force the hospital to provide all records associated with the medical error. This may also include all surgical records if the case is associated with a surgical procedure.
Meeting with the Hospital Board
In an attempt to settle out of court, the hospital board will initiate mediation. This process allows the hospital board to meet with the victim and their attorney. The doctor identified in the lawsuit will also attend these meetings to define their responsibilities. The patient describes their injuries and how they were produced during these meetings. The objective is to arrive at a reasonable settlement based on the patient’s losses.
Choosing the Right Path
The attorney helps the patient choose the most suitable path. If the hospital board doesn’t present a fair settlement offer, the patient must decide if they want to go to court. During a trial, the judge and a jury define the outcome of the case.
A medical malpractice exists if a doctor fails to provide high-quality care to his or her patient. These circumstances lead to serious injuries for patients. For some patients, these injuries cannot be corrected. Victims who need assistance with these cases can contact a local personal injury attorney now.