Medical Malpractice Lawsuit Process: What You Need To Know
Legally Reviewed and Edited by: Terry Cochran
When medical negligence harms you or a loved one, the thought of filing a medical malpractice lawsuit can feel overwhelming. You’re likely dealing with the emotional and physical toll of the situation on top of financial stress from medical bills and lost wages. Understanding the medical malpractice lawsuit process can help you know what to expect, gather crucial evidence, and fight for the compensation you deserve.
At Cochran, Kroll & Associates, P.C., our medical malpractice attorneys specialize in all medical negligence, from birth injuries and surgical mistakes to incompetency and dental malpractice. We can help you through the medical malpractice lawsuit process to hold negligent medical providers accountable and get you a fair recovery award.
What Is Medical Malpractice?
Medical malpractice occurs when a healthcare provider fails to meet the standard of care, harming the patient. The “standard of care” refers to the expected level of performance and care that a capable healthcare professional with comparable training and experience would deliver in similar situations.
When this standard is not met, and the patient is injured, it may be considered medical negligence. Common examples of medical malpractice include:
- Credentialing errors. When a doctor isn’t adequately credentialed or up-to-date with medical training, it can lead to misdiagnosis or improper treatment.
- Nursing home neglect. Inadequate care in nursing homes can result in issues like bedsores, malnutrition, or worse, due to neglect or unqualified staff.
- Dental malpractice. Dentists who perform incorrect procedures or mishandle anesthesia can cause prolonged pain or permanent damage.
- Surgical mistakes. Errors such as operating on the wrong site, leaving instruments inside a patient, or surgical burns are serious breaches of the standard of care.
- Pharmaceutical errors. Prescribing the wrong medication or dosage can have severe adverse effects on a patient’s health.
- Communication failures. Lack of coordination among medical staff can lead to conflicting treatments or missed diagnoses, compromising patient safety.
- Birth injuries. Mistakes during delivery can lead to injuries to the baby, such as cerebral palsy or fractures, often resulting from delayed actions or improper handling.
- Nursing errors. Nursing errors in administering medication, improper patient monitoring, or failing to execute doctor’s orders can all harm patients.
Do You Have a Valid Medical Malpractice Claim?
The first step in the medical malpractice lawsuit process is determining whether you have a valid claim. To do this, you must be able to prove four key elements:
- Doctor-patient relationship. You must show that there was an established relationship with the medical professional, meaning they were responsible for your care.
- Breach of standard of care. You need to demonstrate that the healthcare provider failed to meet the standard of care.
- Causation. You must prove that the breach caused your injury or harm.
- Damages: Finally, you must show that you suffered damages, such as additional medical bills, lost income, or pain and suffering.
If you can establish these four elements, you may have a valid medical malpractice claim. Consult our qualified attorneys at Cochran, Kroll, & Associates, P.C. today. Our firm specializes in medical malpractice claims. In a free consultation, we’ll assess your situation and discuss the next steps to hold those responsible for your injuries accountable.
Gathering Medical Records and Evidence
Once you’ve determined that you may have a valid claim, you’ll need to gather your medical records and other evidence supporting your case. Your attorney will help you obtain the following evidence, including medical records and expert testimony to support your claim:
- Medical records. These include all documentation related to your medical care, such as hospital records, doctor’s notes, diagnostic tests, medication lists, and treatment plans. These documents can show what treatments were given, the follow-up care provided, and your responses to treatments, illustrating whether the standard of care was upheld.
- Expert testimony. Specialists in the field relevant to your claim will review your medical records and the care you received to determine if there was a deviation from standard practices. Their professional opinions can establish whether your care fell below acceptable medical standards, linking any negligence to the harm suffered.
- Witness statements. These can come from family members, friends, or anyone aware of your condition before and after the treatment. They can provide firsthand accounts of the impact of medical errors on your daily life and health.
- Photographic evidence. Photos or videos of your physical condition can support claims of physical harm and show the severity and impact of your injuries over time in a powerful visual format.
- Billing statements. These can detail the treatments you were billed for and help corroborate the medical interventions recorded in your medical records. They can also highlight discrepancies between the care billed and the care reported in your medical records.
- Correspondence. You can use emails or letters exchanged with healthcare providers as evidence. These documents might contain admissions of fault or discrepancies in the provider’s accounts of the treatment.
Filing the Medical Malpractice Lawsuit
After gathering the necessary evidence, your attorney will file a formal complaint with the court. This complaint outlines your allegations against the healthcare provider and the damages you seek. Filing a lawsuit officially begins the legal process and notifies the defendant (the healthcare provider or their insurance company) of your intent to pursue legal action.
In medical malpractice cases, you must follow the procedure outlined in Statute 600.2912b. Our team ensures your claim meets the following requirements:
- Notice of intent. We notify the healthcare provider or facility before we file the lawsuit—182 days as required. This notice explains what went wrong in your care, how it should have been handled according to medical standards, and how the mistake harmed you.
- Gathering evidence. During the 182-day period after sending the notice, we collect all the evidence we need to support your case. This includes getting all relevant medical records and opinions from medical experts who can back up your claim.
- Checking responses. We monitor how the healthcare provider or facility responds to our notice. They have up to 154 days to reply, outlining their side of the story and how they believe they met the standard of care.
- Preparing to file the lawsuit. If the healthcare provider or facility doesn’t settle, we prepare to take legal action immediately after the waiting period.
Discovery Phase: Building Your Case
Once the lawsuit is filed, both sides enter the discovery phase. During this stage, both parties exchange information and evidence related to the case. This may include:
- Depositions. These are in-depth, sworn statements taken in the presence of a court reporter. They involve the plaintiff and defendant, medical experts, and other witnesses.
For instance, a surgeon may be deposed to discuss the surgical procedures followed, or a family member might share observations about your condition before and after the treatment. - Interrogatories. These detailed written questions require answers under oath from the opposing party. They might ask a healthcare provider to explain the rationale behind a particular treatment decision or to detail the procedures followed during patient care.
- Requests for documents. Both sides can request specific documents crucial to the case. This might include medical records beyond initial submissions or detailed insurance policy information relevant to the claim. Teams may also ask for email exchanges between the patient and healthcare provider that illustrate the patient’s concerns and the provider’s responses.
Settlement Negotiations
Before the case goes to trial, there’s often an opportunity for settlement negotiations. Settlement negotiations involve both parties discussing the possibility of resolving the case out of court. In many cases, the defendant’s insurance company may offer a settlement to avoid the time and expense of a trial.
Settlements can be advantageous for both sides. For the plaintiff, a settlement provides a quicker resolution and guarantees compensation without the uncertainty of a trial outcome. However, it’s essential to have a skilled attorney by your side during these negotiations to ensure a fair settlement offer that reflects the true extent of your damages.
Going to Trial
The case will likely proceed to trial if a settlement cannot be reached. During the trial, both sides will present their evidence, call witnesses, and make arguments to a judge or jury. Your attorney at Cochran, Kroll, & Associates, P.C. will advocate on your behalf to prove that the healthcare provider acted negligently and that their substandard care caused your injuries.
Trials can be lengthy and emotionally challenging, but they also provide an opportunity to seek justice and hold the responsible party accountable. If the jury finds in your favor, they will award damages based on the evidence presented.
Types of Damages You Can Recover in a Medical Malpractice Lawsuit
In a successful medical malpractice lawsuit, you may be entitled to several types of damages, including:
- Medical bills. Compensation for the cost of additional medical treatment required due to the malpractice.
- Lost wages. If your injury prevented you from working, you could recover lost income, including future earnings.
- Pain and suffering. Compensation for the physical pain and emotional distress caused by the injury. We can help you pursue up to $280,000 or $500,000 in non-economic damages, depending on the circumstances of your case.
- Exemplary damages. In cases of particularly egregious negligence, you may be awarded exemplary damages to compensate you for the defendant’s conduct.
How Cochran, Kroll & Associates, P.C. Can Help You
When facing a medical malpractice claim, it is crucial to have a law firm with both legal experience and an understanding of medical issues. One of our key strengths is the expertise of senior partner Eileen Kroll.
Eileen is a highly experienced medical malpractice attorney and a registered nurse. Her medical background allows her to analyze medical records and understand the nuances of medical procedures, which is essential in proving that the standard of care was breached in your case.
Eileen’s dual expertise has been instrumental in winning cases for our clients, including a $9 million settlement for a brain-injured patient and a $3.8 million settlement for a child who developed cerebral palsy due to a birth injury.
Proven Track Record of Success
Cochran, Kroll & Associates has a proven track record in medical malpractice cases. We have successfully secured substantial verdicts and settlements for our clients, including:
- $15.8 million for a birth injury case in Monroe, Michigan, where a child developed cerebral palsy due to errors during labor.
- $9 million for a misdiagnosis case in Wayne County, where a patient suffered cardiac arrest and brain damage due to delayed treatment.
- $3.8 million for a birth trauma case in Southern Michigan, where a child suffered from developmental delays and cerebral palsy
Secure Your Rightful Compensation: Contact Us Today!
It’s essential to act quickly if you suspect medical malpractice. Michigan has strict statutes of limitations, meaning there’s a limited time frame to file your claim. Delaying action could result in losing the opportunity to seek justice and compensation.
At Cochran, Kroll & Associates, P.C., we offer a free case review to help you understand your legal options. Our team is ready to support you through every step of the medical malpractice lawsuit process, ensuring you have the best possible chance for a successful outcome. Contact us for a complimentary consultation and learn the next step for your legal claim.
Our contingency fee basis means we only get paid if we win your case, so there is no financial risk to you to get started. Call our law firm today at 1-866-MICH-LAW and schedule your no-obligation, free case evaluation.
Disclaimer : The information provided is general and not for legal advice. The blogs are not intended to provide legal counsel and no attorney-client relationship is created nor intended.