You need the medical records of the target medical doctor (institution) to review personally. You need to find out what was said and not said about the treatment. For example, if you fell into a coma, but the medical records have you sleeping peacefully obviously they are wrong. Missing records are also a clue as to possible medical negligence. You also need prior and subsequent treatment records for purposes of comparison.
Discuss with a licensed attorney who does medical malpractice.
Personal injury attorneys usually do automobile negligence and slip and fall injuries. There are a smaller number who do medical malpractice. Always select a lawyer who has a history of doing medical malpractice.
Sign a retainer
A retainer is a legal contract by which you hire a lawyer to represent you in a medical malpractice action. Depending on the lawyer you may have to help pay for the doctor expert, and your case cannot proceed unless a medical expert will write an opinion that an error was done, and caused your injury or loss.
Settlement or Court?
Depending on the issues, the doctor may offer a settlement. This is a sum of money to compensate you for your loss. The settlement normally requires you to keep silent about the matter, what caused it and what you were paid. If you can not reach a settlement then you will go to trial.
Pre Trial Discovery
Most litigation requires an exchange of written information (question and answers) and a deposition of fact witnesses. (A deposition is an oral response to questions from the other side's lawyer about what happened to you). Depositions are recorded in a booklet and used at trial time to support or impeach your testimony.
Your experts and the defense experts write opinions. The plaintiff doctor explains in medical terms what was done wrong (incorrect diagnosis, wrong medication, or wrong treatment). The defense doctor explains that what went wrong was not due to the doctor's error but to other factors such as a history of smoking and/or obesity. Experts can also be deposed just as fact witnesses are.
The issue goes to trial, and the attorney for the plaintiff tries to convince the jury that a medical error took place, caused you a harm, and that you should be compensated for the loss. If the jury awards you a verdict, the attorney who represented you, normally takes a sum of money to pay expenses and then a 1/3rd share of the remainder.
Additional resources provided by the author
Recommended Book: Why Most Medical Malpractice Victims Never Recover a Dime: An Insider's Report on Medical Malpractice Claims by Benjamin W. Glass III (Word Association Publishers, 2007)
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