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What can you expect when resolving a medical malpractice claim?

On Behalf of | Nov 10, 2023 | Medical Malpractice

Resolving a medical malpractice claim is a complex journey. In the realm of healthcare, the need to address instances of malpractice is important for both patients and medical professionals.

An individual can learn more by exploring the stages and expectations one might encounter when seeking a resolution for a medical malpractice claim.

Understanding the claim

When starting on the path to resolution, the first step is a thorough understanding of the nature of the claim. Patients must be able to describe the specific details of the alleged malpractice, including the actions or lack thereof that led to harm. Clear communication at this stage lays the foundation for the resolution process.

Getting a medical review and evaluation

Once a person documents a claim, it undergoes a detailed medical review and evaluation. Expert opinions are sought to determine whether the professional in question breached the standard of care. This stage involves an examination of medical records, procedures and other information to establish a concrete understanding of the case.

Having negotiations and settlement talks

As the evaluation continues, parties may engage in negotiations and settlement talks. During this phase, there is an opportunity for discussions about potential resolutions.

This can involve compensation for damages or changes to medical practices to prevent similar incidents in the future. Negotiations require a delicate balance between acknowledging responsibility and finding a fair resolution.

Starting formal legal action

If negotiations and mediation prove unsuccessful, the next step involves formal legal action. This is a significant decision that entails filing a lawsuit against the responsible party.

Costs related to medical malpractice reach $60 billion annually in the United States. Resolving a malpractice claim requires patience. As individuals embark on this journey, they must prepare for the challenges ahead and focus on achieving a resolution that upholds accountability in healthcare.