What are the steps involved in a medical malpractice lawsuit?

First of all, do not hesitate to talk to a medical malpractice lawyer for fear of the cost. While a good medical malpractice lawyer is not cheap, they will take your case on a contingency fee basis. That means you don't have to worry about paying them. They will recoup their costs and fees only when they win your case for you.

In general, here are the steps you have to take to bring a successful medical malpractice lawsuit:

1. Talk to a Medical Malpractice Lawyer

In order to find out if you do indeed have a good medical malpractice case, you will need the expert opinion of two people. First, you will need legal advice regarding the economic and legal issues of the merit of your case. Second, the medical malpractice lawyer will consult a medical professional to find out if the doctor was negligent in their treatment.

2. Establish the Injury

The next step is for you and the medical malpractice lawyer to establish the injury, or damages, that occurred. From this, the lawyer will be able to calculate the amount of money that you can seek through the lawsuit.

3. Show How the Medical Negligence Caused the Injury

For a valid medical malpractice lawsuit, your attorney will have to prove that the medical negligence of the doctor directly cause the injury, and that, had the doctor not performed negligently, the injury could have been avoided. Again, the medical expert will need to show this part, and later potentially testify in court.

4. File the Lawsuit

At this point, once the case has been shown to be meritorious, your lawyer will file the medical malpractice claim in the jurisdiction in which the injury occurred.

5. Begin Negotiations with the Insurance Company

Once the doctor or hospital has been notified of the lawsuit, the medical malpractice insurance company will have their defense lawyers step in to determine their position and try to negotiate a settlement. If a mutually acceptable settlement cannot be reached between you, your lawyer and the insurance company, then the case will need to go to trial.

6. Go to Court

Usually, a medical malpractice case will settle out of court to avoid the costs of litigating the claim. However, in some cases the two parties cannot reach an agreement, so it's important that you have a lawyer with experience in medical malpractice trial litigation.

7. Court Award is Granted

Once the trial is concluded, and if your case is successful, the court will grant an award, which is monetary compensation for all the damages incurred. At this point, the case will be closed and you will collect the award amount, out of which your lawyer will be paid for his costs and his services.