If you believe that you have been injured by the negligence of a doctor or a hospital, you may need to look into contacting an attorney and filing a medical malpractice lawsuit. However, there are many misconceptions about medical malpractice law that should be dispelled. Do not believe all of the myths; instead, find and listen to the advise given you by an attorney experienced in medical malpractice law.
Hospitals, and even physicians, will sometimes include language in the forms you sign when you begin treatment that purports to waive your right to sue the physician. These types of waivers are typically ignored by the courts. In other words, you have not waived your rights by signing that document prior to a procedure.
You will have to be ready to prove to a court that the medical procedure was handled improperly and that this caused you damage. Keep a daily diary of any events and any pain or disability you experience.
An expert will usually have to be retained to testify as to whether the physician or hospital was negligent and did not meet the "standard of care." You will also need an expert who can testify about the amount of your damages and the fact that they were caused by the malpractice. Damages include such things as additional medical bills, disability, pain and suffering and lost wages. Your attorney, who is used to working in medical malpractice law, knows the appropriate expert for your case.
Realize that experts are very expensive, although your attorney will likely pay the expert's fee up front.
You should also understand that a medical malpractice case is not always successful. Quite often juries are more sympathetic to doctors and hospitals. Even if you win your case, you may not win as much as you bargained for. Your case might be the multi-million dollar verdict that you read about in the newspaper. However, let your attorney guide you as to the true value of your claim, as he or she has more experience in knowing what cases are real winners and what juries award in your jurisdiction.
Note however that if you do have a legitimate case, chances are very good that a settlement will be done outside of the courtroom since the doctors and hospitals do not want the huge negative publicity that would accompany a settlement.
Because of the legal and economic hurdles in medical malpractice law, the vast majority of medical malpractice claims are settled before they ever get to trial. However, this should not keep you from taking your case to a lawyer for a review. If there has truly been malpractice and if you have been injured, you could have a valuable claim.
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