Medical malpractice is very common than most of us realize. Victims of medical malpractice cases find it difficult to claim compensation for the injuries at trial, so most cases are turned to negotiate settlements. The chances of a good outcome with Griffin medical malpractice lawyer on your side are better than without one. An experienced attorney has the resources needed to investigate your incident and collect the evidence for claiming medical malpractice.
How medical malpractice settlements work
Before your lawyer determines the value of your losses, two essential things should be proven:
- The medical professional or doctor was negligent
- The negligence of the medical professional directly caused your injuries and losses.
Even though the requirements sound easy, proving them is hard. Proving negligence requires evidence that shows the medical professional could not act with due care. They could not provide the standard of care that another doctor could have with the same training, education, and experience.
Medical malpractice settlements are agreed upon between the patient or their family with the healthcare provider that compensates the patient for harm caused by medical negligence. Here’s how medical malpractice settlements generally work:
- Filing the medical malpractice claim
The patient’s family or the patient himself will have to file a claim against the healthcare provider, typically with the assistance of a lawyer. The claim should have detailed information about the injuries or harm suffered by the patient and the circumstances surrounding the medical negligence.
- Healthcare provider responding to the claim.
The healthcare provider or the doctor will review the claim and respond with their position on the matter. They may acknowledge or deny the medical negligence, in which case the matter may proceed to trial.
- Negotiations start
Once both parties agree to the settlement, negotiations will begin. It generally involves the parties agreeing to an amount of money for compensating the patient for their injuries and other damages. The settlement amount depends on various factors, including the severity of the injury, the patient’s future medical expenses, and the insurance policy limits.
- Finalizing settlement
Once an agreement is reached, the settlement will be put in a document and signed by both parties. The patient or their family will typically receive the settlement amount in a lump sum or periodic payments.
It is important to know that settlements are not always possible and may go to trial in some cases. In such a case, the judge will determine if any medical negligence occurred and what damages the patient suffered.