You may be planning to file a medical malpractice lawsuit because a healthcare provider’s negligence harmed you or a loved one. Medical malpractice cases can be difficult and emotionally challenging, but understanding your rights and the legal path for this type of lawsuit can help you make informed decisions.
Understanding Medical Malpractice Claims
When a healthcare practitioner fails to provide the standard of care expected in their field, and someone is injured as a result, that’s medical malpractice. A wide range of negligent actions can be considered malpractice, such as:
- Misdiagnosis or delayed diagnosis
- Surgical errors or unnecessary surgery
- Medication errors, including improper dosage or administration
- Lack of informed consent before a procedure
- Birth injuries due to negligence during prenatal care or delivery
- Failure to properly monitor a patient’s condition
To prove medical malpractice, you must demonstrate four key elements:
- You were in a doctor-patient relationship with a healthcare practitioner at the time of the alleged malpractice
- The practitioner breached the applicable standard of care
- Their actions or inaction directly caused your injury or harm
- You suffered losses (physical, emotional, or financial) as a result
Steps in Filing a Malpractice Lawsuit
When you file a medical malpractice suit, there are some steps you should take to improve your results:
Consult a medical malpractice attorney
The first step is to speak with an experienced Memphis medical malpractice lawyer. Look for attorneys who successfully handle similar cases and offer free initial consultations. In the consultation, the attorney will review your case, ask questions about your experience, and determine whether you have a valid claim.
Gather evidence to support your claim
Your attorney will collect the evidence to build a strong case. This may include:
- Medical records and bills
- Witness statements from family members, friends, or other healthcare providers
- Medical professionals’ expert witness testimony that identifies the breach of standard of care
- Documentation of lost wages, additional medical expenses, and other losses
Keep detailed notes about your treatment, symptoms, and the impact of the injury on your daily life.
File a complaint with the court
Once your attorney thoroughly investigates your case and gathers sufficient evidence, they will file a formal complaint with the appropriate court. The complaint will outline your allegations against the healthcare provider and list the compensation you seek. This should be done before the statute of limitations for filing a complaint ends.
Engage in the discovery phase
During the discovery phase, both sides exchange information and evidence relevant to the case. This may include depositions (sworn testimony taken outside of court), interrogatories (written questions), and document requests. Your attorney will use this process to strengthen your case and anticipate the defendant’s arguments.
Participate in settlement negotiations or trial
It’s possible to resolve your medical malpractice case through settlement negotiations before reaching trial. Your attorney will work to negotiate a fair settlement with the defendant’s insurance company. If parties cannot reach an agreement, legal action will initiate, and your case will proceed to trial. A judge or jury will then determine the outcome.
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Rights of Patients in Malpractice Cases
As a patient, you have the right to receive competent, appropriate medical care. This includes the right to:
- Be fully advised about your diagnosis, treatment options, and potential risks
- Give informed consent before any procedure or treatment
- Have your medical records kept private and confidential
- Seek compensation for injuries or harm caused by medical negligence
If someone has violated your rights and caused you harm as a result, you may be entitled to various forms of compensation. This includes:
- Coverage of medical expenses related to the injury
- Lost wages due to missed work during recovery
- Pain and suffering
- Compensation for disability or disfigurement
- Loss of enjoyment of life
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Contact Gatti, Keltner, Bienvenu & Montesi, PLC
Pursuing a medical malpractice lawsuit can be a daunting prospect, but you don’t have to face it alone. At Gatti, Keltner, Bienvenu & Montesi, PLC our compassionate and experienced Memphis medical malpractice attorneys are dedicated to fighting for the rights of medical malpractice victims in Tennessee. We understand the physical, emotional, and financial toll that medical negligence can take on patients and their families, and we’re here to help you every step of the way.
If you believe you or a loved one has suffered harm due to a healthcare provider’s negligence, don’t hesitate to reach out for help. Contact us online or call our office today at (901) 526-2126 for a free, confidential consultation. Our knowledgeable legal team will listen to your story, answer your questions, and guide your legal options.
Let us put our decades of experience and resources to work for you in your personal injury case. We’ll handle the legal process complexities while you focus on healing and recovery. Together, we can hold negligent parties accountable and seek the justice and compensation you deserve.