Understanding the Steps of a Medical Malpractice Investigation

When a medical professional’s actions lead to injury or harm to a patient under their care, victims can seek compensation and justice through medical malpractice lawsuits. Before a legal battle can take place, there are steps that must be taken to ensure thorough investigation and proof. This initial phase can be filled with a lot of source-seeking and complex methods.

If you are contemplating pursuing this type of claim, below is a step-by-step guide on what to expect during a medical malpractice investigation.

Step 1. Enlist the Help of a Medical Malpractice Attorney

The first thing you should do if you feel a medical professional has harmed you is seek guidance from a legal professional. The process begins with an initial consultation with a lawyer who has previous experience handling medical malpractice cases. The most common questions to prepare for are:

• What happened/can you describe the situation?
• Who was involved (state all that apply)?
• What are the injuries you have endured (physical, financial, emotional)?
• Do you have relevant medical records or documentation related to the incident?

Based on your answers and any additional information you provide, your attorney will evaluate whether your case has a legal basis and is worth filing. Depending on the date and time of your injury, your lawyer may also help you navigate the statute of limitations timeline.

Step 2. Gather Evidence and Records

Once you have an attorney for protection and are officially approved to proceed with an investigation, your lawyer will seek medical records from your healthcare provider, hospital, or doctor. Evidence may look like:

• Doctor reports and notes
• Treatment records
• Prescriptions
• Consultations
• Lab results

Obtaining all of these records can take up to a year.

Step 3. Investigation and Gather Medical Expertise

Your lawyer will utilize the opinion of other medical professionals to review your records and see if your treatment deviated from the standard of care. The medical experts usually sought for medical malpractice cases tend to be in the same field as your doctor. Although this differs by state, most require a certificate of merit to confirm further credibility of your case.

This process tends to be lengthy, especially if you are gathering information from multiple sources. After being obtained, the next step is for your attorney to officially file a lawsuit with a written complaint.

Step 4. Collect Witness Testimonies

In addition to collecting medical expertise, your lawyer may also choose to gather additional testimony evidence. Whether statements from the hospital staff from your place of injury, or other patients who have been treated or present during your treatment, this is a crucial step to building the foundation of your claim. Proving negligence can be a demanding process, so the stronger your evidence, the stronger your case will be.

Step 5. Choose Your Path: Settlement or Trial?

After the investigation phase, your lawsuit will move onto the pre-trial phase. During this phase, either side may approach the other with a settlement offer. Handled by your lawyer, this offer may be rejected if deemed unfair by the receiving party. Settlements tend to be a quicker and less costly avenue but may result in lower compensation rates.

If a settlement is not reached, your case will go to trial. Trials are either heard by a jury or by a judge alone. Trials are often lengthy and come with uncertain outcomes, as the verdict is determined by a judge or jury. Your experienced attorney will help guide you on the best option for you and your situation.

Step 6. Prove Negligence

As previously mentioned, the foundation of your medical malpractice claim is the act of negligence by your doctor. This must be proven for you to receive compensation from the defendant party. What is negligence? Well, it refers to failing to act with the same degree of care as someone else in the field and their position would do. To prove your doctor acted negligently, your lawyer must establish:

• Duty of Care: Your doctor owed you competent care
• Breach of Duty: Your doctor failed to meet that standard of care
• Causation: Their failure to do so causes you harm
• Damages: You suffered harm and damages (physical, emotional, or financial)

All four elements must be presented and proven in order for the defendant party to be found negligent.

How Bordas & Bordas Can Assist You

There are a lot of moving parts that make up a medical malpractice investigation. Because of its lengthy process, it can leave an emotional toll on you. It requires thorough work to gather medical expertise and valuable medical evidence. To navigate this process efficiently, you should find an attorney you can trust to guide you on the right track.

Here at Bordas & Bordas, we take pride in obtaining positive results for our clients. Contact us today if you think you have been a victim of medical malpractice, and let us help you get the compensation you deserve.