Medical malpractice is challenging to prove, but your odds of winning a lawsuit greatly improve when you get the right attorney on your side. And, there are no risks to discussing your case with an attorney since Stewart & Stewart offers a free consultation to help evaluate your specific situation.
Every medical malpractice situation is different and extremely unique. However, several factors can impact the odds of winning your lawsuit. We’ll examine these factors and how they could impact your case.
Medical Malpractice Case Types
Based on the circumstances of the malpractice you experienced, you may have an easier road to collecting compensation for your injuries. Here are a few medical malpractice case types and the impact they could have on your case:
- Medical errors: these tend to be the easiest cases to prove, which means you’re more likely to win this case.
- Surgical or procedural errors: medical malpractice claims in this category are the second most likely to win since evidence is fairly easy to come by.
- Diagnostic or treatment errors: evidence is more challenging to collect in these cases and they leave more room for interpretation of the standard of care. However, that’s not to say you can’t win a medical malpractice claim concerning diagnostic or treatment errors, so it’s still smart to seek legal counsel if you believe you might be a victim.
Obstacles to Winning a Medical Malpractice Lawsuit
To win a medical malpractice claim, you’ll need to overcome several obstacles. Here’s what you need to set your case up for the best possible success:
- Statute of limitations: you have two years from the date of the poor medical care or your discovery of the poor care to file a medical malpractice claim in Indiana. Failing to meet the statute of limitations will mean that your case is dismissed unless there are extenuating circumstances.
- Building an effective case: even once you meet the filing deadlines, you’ll need to build a strong and effective case. Based on the type of medical malpractice case you’re facing, collecting evidence might be easier in some cases than others. For example, if a doctor left a medical device inside of you, that will be easier to collect evidence to prove than a misdiagnosis or treatment error.
- Insurance conversations and negotiations: your conversations with the insurance company are crucial to protecting your rights to pursue a lawsuit. Saying the wrong thing to the insurance company or on record with your medical provider could jeopardize your case. That’s why it’s important to hire an attorney as soon as possible once you suspect you’re a victim of medical malpractice.
Tactics to Increase the Likelihood of Winning a Medical Malpractice Case
The most important tactic you can use to increase the likelihood of winning a medical malpractice case is to seek legal counsel as soon as possible. You’ll need to follow the litigation process properly to protect your right to file a lawsuit and seek proper compensation.
Lawyers know this process and how to present a case appropriately. Prepping witness accounts, detailing evidence, and negotiating settlements are all areas of expertise for medical malpractice attorneys.
Another important thing you can do for your case: document all medical visits and treatment plans. If you miss work because of your injuries, you’ll need to document that as well to seek lost wages in your case.
While medical malpractice cases are complicated, you can still pursue the compensation you deserve after you’ve been harmed at the hands of a medical professional. Schedule a free consultation with Stewart & Stewart for a free case evaluation.