Has a doctor's mistake left you wondering what to do next?
Filing a healthcare negligence claim is one of the most stressful experiences a patient can go through. The medical bills are mounting. The injury is not healing. And on top of everything else, patients are trying to determine if they even have a case in the first place.
Here's the good news:
Most patients have more rights than they realise. With the right information (and the right help) you can put together a strong case and get the compensation you deserve.
Let's break it all down...
What Counts As Healthcare Negligence?
The 4 Things You Need To Prove
Common Types of Medical Mistakes
The Filing Process Step-By-Step
Why Most Cases Settle Out Of Court
Medical negligence occurs when a doctor, nurse or hospital provides a lower standard of care than another reasonable provider would have in that circumstance. And the patient is injured as a result of that.
Pretty simple, right?
Wait a minute... However, not all medical injuries result from malpractice. Treatments fail. Patients may have rare drug reactions. None of these circumstances alone is sufficient for a claim.
For it to be considered healthcare negligence, the provider must have:
Failed to act (or act) in a manner consistent with accepted medical standards
Caused real injury or harm to the patient
Created damages that can be measured (medical bills, lost wages, pain, etc.)
If you believe you may have a case, it can be helpful to consult with an attorney sooner rather than later. You can hire an Irvine medical malpractice attorney to look over your records and help you figure out if what happened fits the legal definition of medical negligence.
To succeed on a medical malpractice claim, you must prove four elements. Fail to prove any of these and your case is lost:
Doctor-patient relationship existed: You have to show the provider was actually treating you.
The provider was negligent: Their care fell below the accepted medical standard.
The negligence caused injury: This is known as "causation" and it's usually the most difficult element.
You suffered damages: Real, measurable harm like medical costs or lost income.
The causation element is where the majority of cases fail. It's not enough to demonstrate that the doctor made a mistake. You must also prove that that particular mistake caused your injury.
That's why having strong medical records and expert witnesses matters so much.
There are many types of healthcare negligence. Some are more obvious than others.
The most common types of malpractice claims include:
Misdiagnosis or delayed diagnosis -- The largest category. 32% of medical malpractice cases are due to late diagnoses or misdiagnoses.
Surgical errors -- Wrong-site surgery, leaving surgical instruments inside a patient, operating on the wrong patient.
Medication mistakes -- Wrong drug, wrong dose, or dangerous interactions.
Birth injuries -- Harm to mother or baby during pregnancy or delivery.
Anesthesia errors -- Too much, too little, or failure to monitor.
To be honest, the statistics on medical errors are staggering. A study from Johns Hopkins estimates that 250,000 deaths each year in the United States are caused by medical errors, ranking them as the third leading cause of death, following heart disease and cancer.
That's not a typo.
So you think you have a case. What now?
It's not that difficult, once you get used to it. The overall pattern is as follows:
This is your starting point. You need every piece of paper concerning your treatment. That means:
Hospital records
Doctor's notes
Test results
Prescriptions
Bills
The more documentation you have, the stronger your case will be.
In most states, you will need an expert witness to attest that the provider was negligent. This is typically another doctor in the same specialty who reviews your records and offers an opinion.
Without this, your case probably won't move forward.
This is very important. Each state has a time limit for filing claims (referred to as a "statute of limitations"). If this time limit expires, you lose your right to sue.
The time limit in most states is 1-3 years from the date you discovered the injury.
Some states mandate that you have to formally tell the provider that you are going to file the lawsuit. This gives them a chance to respond or to settle.
After the lawsuit is filed, both sides engage in discovery of evidence and depositions. Most cases are settled during this stage before getting to court.
Here's something most patients don't realise...
The vast majority of malpractice cases never make it to a jury. Over 96% of malpractice claims are settled outside of court through a settlement with the provider's insurance company.
Why? Because trials are:
Expensive
Risky
Time-consuming for both sides
Insurance companies typically like to settle when the evidence is strong. And patients often like to settle because they get paid sooner.
The problem is... Settlements are all over the place. The median award is about $420,000 but smaller cases can be settled for less than $100,000 and the big, catastrophic injury cases can be worth millions.
This happens way more often than it should.
Insurance adjusters are taught to lowball you. They are waiting for you to accept the first offer and walk away. Don't do it.
When the settlement offer doesn't adequately compensate you for your actual damages (including future medical bills, lost earnings, and pain and suffering), stand firm. An experienced lawyer can negotiate a reasonable settlement or fight for you at trial, if necessary.
Keep in mind: There's only one bite at the apple. You can't ask for more once you accept a deal.
Filing a healthcare negligence claim is not easy. It requires time, patience, and mountains of paperwork. However, it can be the only way for patients injured by medical errors to secure the compensation they need to move on with their lives.
To quickly recap what you need to do:
Document everything
Get your records together fast
Talk to an experienced medical malpractice lawyer
File before the statute of limitations runs out
Don't accept the first settlement offer
The legal system can be overwhelming, but you're not alone. The right legal team will do the heavy lifting for you, so you can focus on getting better.
Take the first step today.
Supriyo Khan
Supriyo Khan
Supriyo Khan
Supriyo Khan
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