Zevan and Davidson Law Firm Articles Filing a Medical Malpractice Lawsuit

Filing a Medical Malpractice Lawsuit

By Kevin Davidson  Mar. 30, 2015 2:25p

Medical malpractice occurs when a medical care giver causes injury in the course of diagnosis or treatment of a patient.

Every year, medical malpractice lawsuits are filed in the United States and damages awarded. However, even if the treating doctor committed a mistake during the treatment, it is not enough to guarantee you success in a lawsuit. You must be well prepared and work with a St. Louis medical malpractice attorney.

A Higher Standard of Care

In personal injury cases such as ones that involve car accidents, the defendant is held liable if he or she fails to exercise care that any reasonable person of ordinary prudence would do in a similar situation. However, when the defendant is a health care provider or doctor, the standard is raised. The doctor or health care provider will be held liable if he or she failed to exercise care that any similarly qualified doctor would do in a given situation.

The Victim Must Prove Damages

The fact that a health care provider committed a mistake does not guarantee your success in a lawsuit. If a patient suffers no harm as a result of a doctor’s mistake, a claim can not be made. If you have grounds for a medical malpractice lawsuit, you can claim damages for present and future lost wages, medical expenses, and pain and suffering.

File a Complaint

To initiate the litigation process against a health care provider, the victim must file a complaint with the court in the state where the medical malpractice occurred.

Out of Court Settlements

Many cases of medical malpractice are settled out of court. The court allows you to sign an out of court settlement any time before the final verdict is awarded. The insurance company of the health care provider will require that you sign a settlement that states that after you receive the damages, you no longer have the right to sue the health care provider.

However, before you sign a settlement, consult an experienced St. Louis medical malpractice attorney to ascertain whether the damages being offered are enough to cover all the present and future losses. You should sign the settlement only after an attorney has reviewed it.

Medical malpractice cases are complicated by nature. If you have been injured due to a health care provider’s negligence, consult with Zevan and Davidson Law Firm, LLC at (314) 588-7200 for a free consultation.

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