How to Identify and Pursue a Medical Malpractice Case

Medical malpractice cases can be complex and overwhelming. Whether you or a loved one has been impacted by a medical mistake, it is important to know your rights and how to seek justice. In this blog post, our experienced trial attorneys at Gunn Law Group P.A. provide a step-by-step guide on identifying and pursuing a medical malpractice case.

By the end of this article, you will have a better understanding of what constitutes a malpractice case, how to gather evidence, and the steps involved in filing a lawsuit. Remember, seeking compensation for a medical malpractice case can help ensure that mistakes are not repeated, and victims are appropriately compensated for their losses.

What Is Medical Malpractice?

Medical malpractice occurs when a healthcare professional (physician, nurse, surgeon, etc.) deviates from the standard of care, causing harm or injury to a patient. In other words, a medical professional can be held liable for negligence if they fail to provide a standard of care in their medical treatment.

Common examples of medical malpractice include misdiagnosis, surgical errors, medication errors, and birth injuries. It is important to note that not every negative outcome of medical treatment constitutes malpractice. In Florida, an expert medical opinion is required to prove malpractice occurred.

Gathering Evidence

Medical malpractice cases can be challenging to prove, which is why it is crucial to gather as much evidence as possible. The most critical evidence usually comes from medical records, testimony of hospital staff, and expert medical opinions.

If you suspect medical negligence and have access to the patient records, you should obtain a copy. Often, electronic medical records are available via a patient access portal. You should also capture all of the critical events in a journal you mark, “work product: prepared in anticipation of litigation.” Do not show this material to anyone but a lawyer you are considering hiring or have hired. Medical malpractice cases take time. You may forget some of the finite details of the care by the time you give any testimony. Be sure to write down the names of all medical staff and anyone else who knows the facts of the care and treatment. These facts will assist your lawyers when evaluating your case.

Steps to Filing a Lawsuit

To file a medical malpractice lawsuit, you will first need to consult with an attorney experienced in medical malpractice cases. They will review your evidence and determine if you have a case. If they accept your case, they will hire the necessary experts to support your claims. Then, serve a Notice of Intent to Initiate Litigation. This notice is statutorily required before you may file a lawsuit and begins a presuit investigation process by a prospective defendant. Next, the complaint is filed and served upon each defendant. The discovery process will follow, including depositions, interrogatories, and requests for documents. A settlement may be reached at any point. If a settlement is not reached, then the case will proceed to trial.

Seeking Compensation

The goal of a medical malpractice case is to obtain compensation for your losses and hold a negligent provider accountable. Compensation can include medical bills, lost wages, pain and suffering, and other damages. An experienced medical malpractice attorney can help you calculate the amount of compensation you are entitled to. It is important to remember that every case is unique, and compensation amounts vary based on the severity of the injury, the cost of treatment, and other factors.

Fiercely Protecting Victims of Medical Negligence in Florida

Identifying and pursuing a medical malpractice case can be overwhelming, but it is important to seek justice and hold healthcare professionals accountable for their mistakes. By identifying the common forms of malpractice, gathering evidence, and taking the necessary steps to file a lawsuit, you can ensure that you receive the compensation you deserve. If you believe you have been the victim of medical malpractice, reach out to our experienced medical malpractice attorneys at Gunn Law Group P.A., who can guide you through the legal process.