Up Against A Giant: Understanding Medical Malpractice Issues

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It's almost unthinkable to end up hurt after a medical procedure that was supposed to make you better. it's not easy going up against a large hospital or power medical malpractice insurers, but doing so may be the right thing to do for both yourself and for others who may have also been hurt. Read on and find out more.

Medical Malpractice is a Tort Action

Torts are just another way of describing certain personal injury actions including medical malpractice. Tort reform is a political action movement sponsored by a delegation of medical malpractice insurers. In this case, the reform is all about making it more difficult for patients to take action against facilities and doctors. Medical malpractice insurance is expensive, and insurers pay out millions to patients who take action against them. Tort reform means that victims must take a few extra steps when trying to file a case.

Don't Hesitate to Speak to a Lawyer

Before your lawyer can even go to the courthouse and file a suit, a lot of work must be done to show that the plaintiff (you) has a legitimate case that deserves attention. Not only that, but all personal injury claims must abide by a statute of limitations. This means you must file your case by a certain time, or you are barred from doing so. The deadline to file a medical malpractice case is usually different from that of filing a car accident case, however. This might leave victims with far less time to speak to a lawyer and begin the long process to file a lawsuit for a medical injury. To avoid this, talk to a medical malpractice attorney as soon as possible following the incident.

Your State Rules

Every state takes on medical malpractice and the process to file a claim differently. Don't try to figure out the complex nature of the process for your state, leave that in the hands of your medical malpractice lawyer. The nature of these suits is far more complex and only certain lawyers should be hired to help you.

Though it can vary, this is a summary of what to expect:

  1. Several months prior to the suit, a notice of impending action must be filed. This is a warning notice with a summary of the case.
  2. The case goes before a committee that examines the claim to determine its validity. Your lawyer will present the brief and the board can rule to move the case forward or not.
  3. The suit is filed, and a long and complex discovery process begins.

This process may end with a settlement, or it might go to trial. To find out more, speak to a personal injury lawyer that practices medical malpractice.