Suspect you may have a medical malpractice case?
Every year medical errors take the lives of 250,000 people in the US alone. Medical malpractice is the third foremost cause of death in this country, right behind heart disease and cancer.
But here’s the kicker…
Most people who are victims of medical negligence never file a claim. Even though a staggering 31.2% of all physicians face at least one lawsuit over the course of their careers, the vast majority of medical mistakes go unreported.
Why?
Because the process feels overwhelming, the laws around medical malpractice are complex and medical negligence claims are expensive, time-consuming, and emotionally exhausting. The fact is, if you’ve been the victim of medical negligence, you are owed justice.
In this guide, we’ll break down all you need to know about following a medical malpractice claim. We’ll go over the step-by-step process from start to finish so that you know how to maximize your chances of a successful outcome.
By the end of this article you will know:
- How to spot warning signs of medical malpractice
- The step-by-step medical malpractice claims process
- How to build the strongest possible case against a negligent healthcare provider
- The most common mistakes that torpedo medical malpractice claims
What Actually Qualifies As Medical Malpractice?
So what actually is medical malpractice? It isn’t a poor outcome. It is a preventable error.
Here’s the actual definition:
A healthcare provider’s negligence directly caused a patient harm.
It doesn’t matter if the outcome was awful. It doesn’t matter if a misdiagnosis nearly killed you. The key is whether the negligence of the healthcare provider caused harm to you the patient.
Here’s what you actually need to prove:
The healthcare breadwinner owed you a duty of care (by providing care to you, they did). The provider breached the standard of care (failed to provide you with reasonable care that another healthcare provider would have provided in the same or alike circumstances). The breach directly caused the injury (you need to show that the negligence of the provider, not your underlying condition, caused your injuries). You suffered damages (medical bills, lost wages, pain and suffering, or other losses).
Fun fact for you:
Many cases that feel like medical malpractice don’t actually meet the legal definition. That’s why only 30-40% of medical malpractice cases actually end in a favorable outcome for the patient.
But when you have a legitimate case, the settlements can be enormous. In 2023, medical malpractice settlements averaged $420,000 per claim.
Warning Signs of Malpractice
Medical malpractice is surprisingly common. But how can you tell if you’ve been a victim of medical malpractice? While working with medical malpractice lawyer services is the best way to identify malpractice, these are the most common warning signs to look for:
- Diagnostic Errors: Misdiagnosis and delayed diagnosis account for 32% of all medical malpractice claims. If your condition was obvious to any provider, but missed by all of them, you may have a case.
- Surgical Mistakes: Wrong-site surgery, leaving instruments inside patients, or performing unnecessary procedures all scream malpractice.
- Birth Injuries: Birth injuries that should have been avoidable often give rise to successful malpractice claims. If your child suffered a preventable injury during labor, that’s malpractice.
- Medication Errors: Being set the wrong medication or dosage or having dangerous drug interactions that the provider failed to catch all count as malpractice.
- Treatment Errors: Failure to follow treatment protocols or providing treatment that no reasonable healthcare provider would provide can also be malpractice.
Step by Step Claims Process
Ready to take on a medical malpractice claim? Here’s exactly how you do it:
Step 1: Get Your Medical Records
The first step is to get complete copies of all your medical records. Do not settle for summaries — get every last record from every facility that was involved in your care. These records will form the bulk of your evidence.
Step 2: Get Expert Medical Testimony
The next step is to find another healthcare provider willing to testify that the care you received fell below the standard of care. This expert testimony often makes or breaks a case.
Step 3: Document Everything
Keep detailed annals of all medical expenses, lost wages, and other damages. Take photos of visible injuries and keep a journal of how the malpractice has affected your life.
Step 4: Act Quickly
Medical malpractice claims have strict statute of limitations. In most states, you have 2-3 years from when you discovered the injury to file a lawsuit.
Step 5: Calculate Damages
Typical medical malpractice damages include medical expenses, lost wages, future medical costs, pain and suffering, and loss of earning capacity.
But here’s the shocking stat you don’t know…
96% of all medical malpractice claims are actually resolved without going to trial through settlement. Almost all cases end before a jury sees a single piece of evidence.
Building the Strongest Possible Case
Need some extra tips to give yourself the best chance? Focus on these key elements:
Strong Expert Testimony
Your medical expert witness needs to clearly articulate how the standard of care was breached. The more qualified and credible your expert, the more persuasive your case.
Solid Documentation
Organize your medical records in chronological order. Make note of any inconsistencies, missing details, or obvious treatment errors in your records.
Proof of Causation
You need to be able to prove that the provider’s negligence — and not your underlying condition — was the direct cause of your injury.
Accurate Damage Calculation
Don’t skimp on calculating damages. Be thorough in adding up current medical bills, future treatments, lost wages, and pain and sorrow.
Timeline of Events
Keep a detailed timeline of events. Note exactly what happened and when. This can help identify where and when the breach of the standard of care occurred.
Mistakes That Kill Claims
Don’t make these errors that will destroy your medical malpractice case:
- Waiting Too Long: Missing the statute of limitations deadline is the biggest reason medical malpractice cases never get filed. The deadline is strict. Miss it, and your case is dead — no matter how strong it might have been.
- Inadequate Expert Witnesses: An inadequate expert witness can sink a case. Your medical expert needs to be board-certified in the exact specialty in question.
- Poor Documentation: Missing medical records or poorly documented damages will make it impossible to prove your case.
- Unrealistic Expectations: Every bad outcome is not medical malpractice. If you go into this with unrealistic expectations about your case, you’ll make bad decisions.
- Going It Alone: Medical malpractice cases are not a do-it-yourself project. Handling one without experienced legal representation is always a bad idea.
The Medical Malpractice Claim Process Timeline
Medical malpractice cases take an extremely long time. Typically, expect the process to take 1-3 years from start to finish. Here is how the timeline of a claim generally breaks down:
- Investigation Phase (3-6 months): Your attorney will review your medical records, consult with experts, and determine if you have a viable case.
- Filing and Discovery (6-18 months): If you have a case, your attorney will file suit and begin the discovery process to gather evidence.
- Settlement Negotiations (Ongoing): Almost all medical malpractice cases settle before trial. Negotiations occur at any point during the process.
- Trial (If Necessary): If settlement isn’t possible, your case will go to trial. This usually adds an additional 6-12 months to the process.
Remember, this is all extremely draining. Having realistic expectations and strong legal support are the most critical parts of surviving this process.
Wrapping Up the Medical Malpractice Claim Journey
If you have been seriously injured by medical neglect, a successful medical malpractice claim can be the only way to get the financial resources you need for ongoing treatment and to compensate you for your suffering.
The key is to act quickly. Build the strongest case possible with the help of expert medical testimony. Be aware of and try to avoid the most common mistakes. And above all, maintain realistic expectations.