Not sure if you know this or not, but it is said that medical malpractice is the 3rd leading cause of death in the United States. Shocking, right? But sadly, it is; Johns Hopkins University states this.

And an even more unfortunate thing prevailing is the unawareness of many that medical malpractice comes under the law. Actually, trust is placed firmly in the medical professionals, so if there are any unfortunate events that happen in a hospital space or after the course of the treatment, many consider it as their fate, but what they miss out on is that it might be because of medical negligence.

This article is going to be really helpful to win a medical malpractice case. From what medical malpractice is to what evidence is needed to understand how settlements work, this article covers everything.

What Is Considered Medical Malpractice?

When a doctor, nurse, or anyone in the hospital, or the hospital itself, fails to provide the standard, proper medical attention or treatment that results in harm to the concerned individual, it comes under medical malpractice.

But remember this does not mean every medical mistake from a medical professional is malpractice. The care given must fall below accepted medical standards.

Medical errors can include:

Wrong diagnosis

Delayed diagnosis

Surgical mistakes

Medication errors

Failure to treat a condition properly

All these above categories are waged with the other medical professionals in the same field. If it can be prevented or acted differently in the same situation that would have prevented the harm, it comes under medical malpractice.

Evidence to Prove Negligence in Medical Malpractice

Evidence is the backbone of every legal claim, just like a medical malpractice claim. Without strong proof and solid evidence, settlement talks do not move forward.

Medical records are the first and most important evidence in a medical malpractice claim. Because it helps show what treatment was given and when.

Expert opinions from other medical professionals are also equally important. These statements and overview help explain how the care went wrong.

Test reports, prescriptions, surgery notes, and hospital records are collected carefully. Basically, every document relevant to the particular treatment.

Witness accounts may also support the claim. All this together helps prove that negligence caused real harm.

Negotiation Process in a Medical Malpractice Claim

The negotiation process happens step by step. It does not start with offers right away.

First comes investigation and evidence collection. The case is reviewed in detail, and all medical records are analyzed. Once the facts are clear, a demand is made to the defendant. This step comes up with what actually went wrong, how it caused harm, and how much compensation is expected for the case.

Next, the concerned insurance company reviews the submitted claim. They examine the evidence and assess risk. Keep this in mind: this stage can take some quality time because insurers try to protect their money, so they come up with their usual money-reducing tactics.

Then come offers and counteroffers. The insurance company may offer a low amount first. Negotiations continue as both sides respond.

In some cases, mediation happens. A neutral third party helps both sides talk and reach a middle ground.

If both sides agree, a settlement happens. If not, the case moves to trial.

Common Defense Used by the Defendants

Getting to know this part is equally important because, obviously, defendants often use certain defenses to protect or reduce the settlement.

One common defense is the statute of limitations. If your medical malpractice claim is filed after the legal deadline, then there is no way around it; the case may be dismissed completely. That is why you need professional legal help throughout the process.

Comparative negligence is another defense. The defendant may argue that the patient’s actions also contributed to the injury, which can reduce compensation. Yes, in certain cases, they might argue that the patient failed to take the needed steps after the surgery or did not comply with the healing process.

Pre-existing injury is also frequently used. The defense may claim that the patient already had the condition before treatment, and the doctor did not cause the harm.

These defenses are sometimes used to weaken the claim during negotiations.

Key Takeaways

Medical malpractice settlements depend largely on all the evidence you provide and proper evaluation of the actual events.

Negotiations follow a clear process, starting from investigation to possible trial.

Insurance companies often start with low offers, so patience, along with the right legal help, is very important in these cases.

Knowing common defense strategies used by the defendants helps victims stay prepared and informed.

(DISCLAIMER: The information in this article does not necessarily reflect the views of The Global Hues. We make no representation or warranty of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability or completeness of any information in this article.)

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Our team of authors at The Global Hues comprises a diverse group of talented individuals with a passion for writing and a wealth of knowledge in their respective fields. From seasoned industry experts to emerging thought leaders, our authors bring a wide range of perspectives and expertise to our platform.

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