When you are needing medical treatment, you will be trusting that the doctor and medical staff will be providing you with their highest-quality care and attention. Unfortunately, there are instances where an individual may receive negligent care. If this occurs when you are seeking treatment, you may have a claim for medical malpractice, but there are a few facts about these lawsuits that you will need to keep in mind to make a sound choice.
You Must Suffer Specific Injuries Or Damages Due To The Malpractice
Incorrect or ineffective treatments are often encountered by patients, and while this can be frustrating, it is important to note that these incidents will not always allow for a malpractice claim. In addition to requiring negligence, these claims will also require you to be able to prove that you suffered specific damages due to the treatment you received.
A Trial Is Not Always Necessary
There is often a hesitance for individuals to seriously pursue medical malpractice claims due to fears of being involved in lengthy proceedings and contentious hearings. Yet, there is no guarantee that a trial will be necessary to resolve the malpractice claim. In situations where the plaintiff's case is particularly strong, there will be a powerful incentive for the doctor and their insurance to settle the case, as this will give them more control on the final settlement amount. By meeting with an attorney for a medical malpractice consultation, you will learn more about the strength of your case, which can help to guide your decisions.
Medical Malpractice Is Not Limited To Doctors
A common belief that is held by victims of medical malpractice is that they will only be able to file a lawsuit against the doctor that was treating them. Yet, modern medicine is a highly complex field, and it is common for multiple personnel to tend to a patient. If the nurses or other staff members are negligent in administering your care, they may also be named in these lawsuits.
Being a victim in medical malpractice cases can be a highly stressful and disruptive experience. In addition to the major physical and emotional damages that can occur, malpractice victims may find themselves facing extreme financial losses. While it may not always be possible for victims of malpractice to fully recover from their injuries, knowing that you must suffer specific injuries to file this claim, an out-of-court settlement may be an option, and the fact that these lawsuits are not limited to the doctor that was directly providing the care can give patients the ability to fight for justice.
To learn more about medical malpractice cases, contact a law firm like Shaevitz Shaevitz & Kotzamanis.