Understanding The Personal Injury Process

Medical Malpractice Cases: A Unique Form Of Harm

When people are harmed by the medical practitioners they trust, it can be a particularly difficult situation to deal with. The rules about filing these types of cases are very different than with ordinary civil cases, and victims should understand what might lie ahead as they proceed with a medical malpractice case. For more information about how these cases are different and what has to be done before they can file, read on.

What is Tort Reform and Why Does it Matter?

Torts are another way of expressing the concept of harm done. When you hear about tort reform, that is really about protecting medical practitioners and facilities from malpractice lawsuits. Lawsuits take a lot of time and money to defend, so lobbyists for the medical malpractice insurance industry have been successful in placing several roadblocks in the way of victims seeking compensation from a medical injury.

How Medical Malpractice is Different

When a person is injured in a car accident, they can phone a lawyer, tell them about their case, and proceed to the courthouse to file a lawsuit against the other driver. Things are more complex with a medical malpractice situation. The process for filing a case, as detailed below, can be far more lengthy and detailed, and that is why victims of medical malpractice should begin the process as soon as they can after the injury. Also, be aware that the statute of limitations for medical malpractice claims can be shorter than for car accidents and other personal injuries. That means you must file a case before the time runs out to do so.

Malpractice Case Steps in General

The law on how a medical malpractice case gets started varies from state to state. The below, though, represents some common events that many will experience. Once you speak to a medical malpractice lawyer, your case will:

  1. Give notice of an impending lawsuit. Some states require victims (the plaintiff) to provide several months of warning before the suit is filed. This warning notice should contain a summation of what the suit will contain when it's filed.
  2. Go before a committee. The next step might be for your lawyer to appear before a panel or board and present a brief of the case. The board then has the power to allow the case to move forward if it is deemed to have merit.

If your case passes these two preliminary steps, the suit can be filed and the pretrial process then begins. It can be frustrating to be denied a timely resolution after a medical injury. Speak to a medical malpractice personal injury lawyer about your case at your earliest convenience, or a local law firm, like Labine Law Firm.