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How does a medical malpractice lawsuit work?



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Medical malpractice lawsuits usually begin with an insurance claim. Your attorney will attempt to prove your case and negotiate a settlement that covers your damages. If obtaining compensation outside of court is not an option, you can pursue a civil suit.

What is medical malpractice?

Medical malpractice cases fall under the umbrella of personal injury law, which allows victims to seek financial compensation from liable medical professionals for their injuries. Malpractice occurs when a health care professional’s care deviates from standards in their profession and causes harm to a patient. Examples of medical malpractice include:

  • Failure to diagnose cancer or failure to treat
  • Wrong-site surgery or surgical errors
  • Unnecessary surgery
  • Lack of follow up care
  • Medication errors
  • Missed or incorrect diagnoses
  • Premature discharge
  • Failure to inform patients of known risks
  • Birth injuries caused by delivery
  • Birth injuries caused by improper pre-natal care

What damages can you win in a medical malpractice case?

If you suffered harm because of a doctor or health care provider’s negligence you may be entitled to an award for pain and suffering, they may also be financially responsible for your medical bills. This includes medical costs you have already paid, as well as awards for future, necessary care to treat, correct, or recover from an injury or illness caused by the provider’s initial mistake.

You can seek awards for wages you have lost because of your injuries. If you cannot return to work because of the harm you suffered due to medical malpractice, you could be entitled to compensation for your loss of future earnings. You can also win awards for your emotional and mental suffering and physical pain.

According to Johns Hopkins Medicine,  a study suggests that medical error is now the third leading cause of death in the United States. If your loved one died because of a malpractice injury, you may be able to seek damages in their name. This includes the costs of their malpractice-related treatment, funeral and burial expenses, and pain and suffering.

Our attorneys can help you investigate whether your  injuries or illness was caused by the medical malpractice

To win a medical malpractice case, you must prove four basic elements:

  1. A doctor-patient relationship existed between you and the health care provider, which means the provider owed you a professional duty of care.
  2. The provider breached the duty of care, or, in other words, acted negligently.
  3. The provider’s negligence caused your injury.
  4. Your injury led to damages.

We can help you prove your case using a variety of evidence. We can obtain medical records to review the practices and procedures used by the physician.  These records may also prove a medical error occurred. We can use your medical bills to show you have sustained out-of-pocket costs.

We can look for and interview individuals who may have witnessed malpractice occurring. We can enlist the expert opinions of other medical professionals to show that the liable provider did not conduct themselves by acceptable professional standards. Medical experts can also help demonstrate a link between the at-fault provider’s actions and your injuries.

We can assist with an insurance claim or lawsuit

If the health care provider who hurt you has medical malpractice insurance, we can start your case with a claim. Our attorneys will take care of filing your claims forms, communicating with the insurance company, collecting and submitting evidence of negligence and damages, and negotiating for a settlement.

If an insurance claim is not an option, or we cannot reach a settlement in your favor, we can help you with a medical malpractice lawsuit.

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Oresky & Associates, PLLC can take your case on contingency

We do not want seeking justice for yourself or your loved one to add to your emotional stress. Our firm works with experienced co-counsel on medical malpractice cases.  Your case will be taken on a contingency, and unless we recover for you, you will not owe us a legal fee. We have more than 30 years of legal experience on our staff and a track record that includes more than $400 million in awards for our clients. We have helped victims with thousands of personal injury cases, including medical malpractice lawsuits.