How to Start a Medical Malpractice Claim or Lawsuit

Anyone considering bringing a claim for negligence against a doctor or hospital should know that these cases are very difficult to prosecute. Not only will expert testimony be required to back up your claim, but several elements must be proven before any award or settlement can be obtained. The main elements of a medical malpractice case are as follows:

• Injury - It must be shown that an injury has occured to the patient. Just becasue a doctor or hospital statf did something wrong is not enough to bring a medical malpractice claim
  
• Negligence - The doctor or hospital staff must be found to have made an error, or otherwise deviated from "accepted medical standards of care"
  
• Cause - The most difficult part of a medical malpractice case to prove, is that the negligence on the doctors part directly caused theinjury to the patient.

If all of these elements are present in your case, then you may be eligible to file a medical malpractice claim.

Starting Your Claim

Essentially, when you want to start a medical malpractice claim, you will be filing a lawsuit. You will be going up against a medical malpractice defense firm which will be representing your doctors insurance company. Since medical malpractice cases often settle for hundreds of thousands, if not millions, of dollars, the defense lawyers will fight vehemently to keep their client (the insurance company) from having to payout so much money.

To effectively negotiate or litigate against such a firm, you will need to have an attorney specializing in medical malpractice lawsuits representing your case. Without experienced representation, it is unlikely that you will be able to get any form of compensation for your lawsuit.

Start by Talking to a Medical Malpractice Lawyer

Fortunately for anyone injured by a doctors error, hospital staff mistake, or other form or medical negligence, medical malpractice attorneys offer two great benefits: 1. They almost always offer a free initial consultation. This means you can discuss your case with a specialized lawyer at no charge, and find out what options you have to seek compensation for your injury. 2. Medical Malpractice lawyers work on a contingency fee basis. This means you will not have to pay them out of pocket for their services. The other benefit is, since they only get paid if you do, they will do everything in their power to make sure you get the largest settlement or award possible.