Medical malpractices are among the most common of lawsuits. What some do not realize is that many of them never make it to trial, as they settle outside of court. If you have suffered injury due to medical malpractice and your case will likely settle, you need to know what the steps are to the process. The following are steps to settling a medical malpractice law claim:
Begin the Negotiation Process
Before your damages are determined, you need to provide proof for different parts of your case. First, you have to show the doctor or medical professional was negligent. Secondly, you need to prove the negligence resulted in your injuries. Although these seem like easy items to prove, it can be more difficult than you realize.
One way to show proof is by showing the provider did not act with due care with you as a patient. To determine due care in your case, the different elements of your case are measured with other similar actions of outside medical providers in cases similar to yours.
Proving due care can involve some complex calculations involving the time and region in which you were treated. For instance, because of technological advancements in the medical industry, your treatment last year cannot be compared to treatment for the same ailment ten years ago, due to the advancement of technology has changed how many problems are treated.
The proof necessary for your case will consist of generally accepted medical practices of today, which are also specific to your geographical region.
Determining the Value of Your Case
Once you have provided your evidence and if the medical provider is found liable for your injuries, the next step is to negotiate a settlement figure. The value of your settlement will consist of the compensation for your losses resulting from your injury.
The compensation may include any pain and suffering you have in addition to that caused by your physical injury, along with the losses you suffered due to being unable to work due to your injury. The claim could also include any future wages you could earn if you are ultimately unable to return to work in the same capacity.
Since all cases are different, there is no way to determine and exact figure for a settlement. For example, there is no way to value the loss of a leg or arm. Therefore, settlements rely on hypothetical values of the loss added with the actual figures of your past and future earnings potential.