Anatomy Of A Successful Medical Malpractice Claim
What should you do if you have been injured because of a doctor’s negligence? Don’t expect the hospital or the doctor’s medical insurance to take care of you. Over the past several years, medical insurers have had much success protecting themselves against lawsuits.
When you talk to an experienced medical malpractice claims attorney at Winckler, Harvey & McConnell, LLP, we will explain the process clearly and help you understand your options for pursuing a lawsuit.
What You Have To Prove
To prevail in a medical malpractice lawsuit, you will need to show that the physician, nurse or health care facility, etc., was negligent, and this negligence caused you harm.
Negligence means failing to exercise the degree of judgment, diligence and professionalism as a similar care provider in the same field or specialty. In legal terms, this means a failure to uphold the applicable standard of care. Establishing this standard requires involving medical experts in the appropriate field to report their measurement and findings.
Understanding The Process
Every case of medical negligence is unique to the specific evidence and circumstances, but there are some processes that are common to every case.
The First Step – A Free Consultation
At Winckler, Harvey & McConnell, LLP, we begin by talking with our potential clients in an initial free consultation. It’s important that we are given every detail that can be recalled about the situation that gives rise to a potential claim. If we determine that we will represent the claim, we then start collecting medical records and investigating further. Medical negligence often extends beyond the hospital and may go as far back as a primary care physician missing an important symptom months earlier.
Uncovering Evidence and Consulting With Experts
If we find evidence that supports an allegation of negligence, we consult with medical experts to weigh the records against the standard of care and how the negligent act may have caused the health condition to become worse. Using top medical experts in their specific field is key to our success. Our qualified experts are doctors and nurses with different backgrounds, depending on the needs of your case.
After filing the petition in court, we commence to the discovery stage. During discovery, you will tell your side of the story in what is called the plaintiff’s deposition. The doctor or health care provider will give a deposition telling their side as well.
Pursuing A Favorable Settlement (Or Going To Court If Needed)
As cases progress through discovery and proceed to the trial stage, most courts order attorneys on both sides to do everything possible to reach a full and fair settlement. The negotiating stage often takes the longest, as insurance companies position themselves to disprove your injuries and de-emphasize a client’s financial damages.
In the vast majority of medical malpractice lawsuits, parties reach a settlement without the need of a jury trial. If the case is not settled, the attorneys at Winckler, Harvey & McConnell, LLP, are experienced and proficient at preparing and presenting compelling cases in court.
Your Lawyer’s Experience Makes A Difference
At every stage of the lawsuit, the attorneys of Winckler, Harvey & McConnell, LLP, call on experience, legal knowledge and negotiating skills to position the case and fight for the recovery our client deserves.
If you think you have a claim against a medical professional, we invite you to contact our offices at 512-593-7399 in Austin, Texas, for a free consultation.