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Guide to Winning a Medical Negligence Lawsuit

A Guide to Winning a Medical Negligence Lawsuit

Did you know that that the average payout for malpractice claims was over $350,000 between 2009 and 2014? If you recently found yourself in a situation where a medical professional failed to do their job correctly, you might be able to get compensation through a medical negligence lawsuit.

Keep reading to learn our top tips on how to win a lawsuit involving negligence.  

1. Demand Letter

The first thing that you have to do is start with a demand letter. You do not want to skip this step because you might end up without a settlement offer if you do. If you are not familiar with sending a demand letter, it is best to speak with an experienced attorney to help you draft a letter to send to the medical practice. 

An attorney will also have access to their own resources to ensure that you have an expert witness testify on your behalf with their medical opinion. This witness will be able to share how they believe that the defendant messed up and how the situation should’ve been properly handled. You can see more here about finding the right person to help you with this important step. 

2. Legal Representation

If you do the demand letter on your own we recommend you still find a reputable attorney to help you fight for your rights. You want someone that will work to build a strong claim on your behalf and prove that you were indeed wronged. 

Medical malpractice claims are very challenging on their own and unless you have experience with this type of case, we do not recommend tackling this by yourself. You might find that you are in over your head and will end up either losing the case or with a lot less money than you deserve. 

The litigation in a medical malpractice lawsuit can also take months and in some cases years to complete. Bottom line is that if you truly want the best chances of recovering all the compensation you deserve – call an attorney to help you. 

3. Expert Medical Witnesses

If your case goes to trial then you will have to prove to the jury that your doctor was indeed negligent. This can be a difficult task because juries realize that when it comes to medicine, there is more than one way to do something. If the jury finds that the doctor did try their best then you will more than likely lose the case.

Unless there is an obvious mistake like leaving an instrument inside a patient it is difficult to prove negligence unless an expert witness paints a compelling picture of the wrongdoing. 

Ready to Win Your Medical Negligence Lawsuit?

Hopefully, you are feeling a bit more prepared and less overwhelmed with the process that comes with a medical negligence lawsuit. While every case is a bit different and unique, the key is to not settle for something less than you deserve. 

Found this article useful? Please keep browsing the rest of this section to make sure you catch our latest life tips. 

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