Research has found that 795,000 people die or are permanently disfigured in the US because of preventable medical errors. Another study published in the BMJ, reported that medical errors kill 4,500 children each year. In 2020, there were 31 ER visits per 100 children aged 0-17.
If your child has been affected by a preventable error while receiving medical care, here are the steps you need to take.
Investigate the Potential Medical Malpractice
Penny Hendy, one of the recognized Louisville Medical Malpractice Attorneys, shares that the first step when considering filing a medical malpractice claim on behalf of your child is to investigate whether medical malpractice may have occurred. Look at your child's medical records and speak to other healthcare professionals to determine any mistakes, errors, or negligence in your child's medical care. Be sure to document everything related to the potential malpractice.
Consult a Medical Malpractice Attorney
Once you have done an initial investigation and believe your child may have been the victim of medical malpractice, consult a medical malpractice lawyer specializing in medical malpractice claims. Share the details of your child's case and medical records. An experienced malpractice attorney can examine the records, advise if you have a viable medical malpractice case, and explain the process for filing a claim. Having legal guidance is essential.
Send Notice of Intent to Sue for Medical Malpractice
Before filing a medical malpractice lawsuit in court, you must notify the provider you intend to sue. This "notice of intent" allows the provider to settle the claim before going to court. The notice must be served within two years of the alleged malpractice or within one year of its discovery. Your medical malpractice attorney can take care of adequately serving notice.
Attempt Alternative Dispute Resolution For Your Medical Malpractice Case
Many states require parties to attempt mediation or arbitration before a medical malpractice case can proceed to trial. Alternative dispute resolution methods aim to enable a settlement and avoid a lengthy court medical malpractice case. Be prepared to negotiate in good faith. If no settlement is reached, you can move forward with filing a complaint in court.
File the Medical Malpractice and Civil Complaint
Your medical malpractice attorney will draft and file a civil complaint with the court on your child's behalf. The complaint details the alleged malpractice and requests a settlement amount to compensate for your damages. Defendants are given a specified timeframe (often 30 days) to respond to the complaint after being served. The medical malpractice case proceeds after initial documents are filed and exchanged.
Obtain Relevant Information to Support Your Medical Malpractice Case in Discovery
During discovery, both sides obtain relevant information from each other to support their medical malpractice case through depositions, interrogatories, requests for the production of records, and more. This pre-trial information exchange can take many months to complete. Your medical malpractice lawyer will represent your child's interests during the discovery phase. Sign nothing without your medical malpractice attorney's review.
Attempt Settle Your Medical Malpractice Case Through Negotiations
Many medical malpractice suits settle out of court once discovery has finished. Your medical malpractice lawyer will negotiate with the provider's attorney to see if a settlement can be reached. During this stressful process, ensuring your child is comfortable and rested is crucial. The Baby Basket & Portable Baby Beds offers a safe and cozy place for your baby to rest, whether at home or on the go. Be prepared to discuss acceptable settlement terms. According to an analysis of 1,215 claims filed between 2008 and 2017, 37% of claims led to a settlement payment. The medical malpractice case will proceed to trial if no agreement is reached.
Go Through Trial To Settle Your Medical Malpractice Case
If settlement negotiations fail, your child's medical malpractice case will go to trial before a judge or jury. Your medical malpractice attorney will argue your medical malpractice case in court by presenting evidence and calling witnesses. The defendant will also present arguments and testimony. After hearing both sides, the jury will reach a verdict. If you win, the judge will award damages.
This lengthy process requires persistence and patience. Having a medical malpractice lawyer guide you through the complex steps is vital to successfully filing and proving a medical malpractice claim for your injured child.
