| Anytime a patient is injured or dies because the | | | | that you could not represent yourself, then a |
| care provided by the medical professional was | | | | legally designated party would be appointed to |
| below accepted standards, which means the | | | | work on your behalf. If the case involved the |
| doctor, dentist, therapist, and even medical facility | | | | death of a family member, typically the |
| caused problems through an act or omission, the | | | | administrator or executor of that person's estate |
| individual or his/her family would have legal right to | | | | would spearhead the lawsuit. |
| file a lawsuit. This has become a serious problem, | | | | For the defendant in a medical negligence and |
| as the number of healthcare professionals | | | | malpractice lawsuit, this could be any professional |
| increase and with new surgeries, procedures, and | | | | in the medical field to include a doctor, dentist, |
| prescription medications being offered to patients | | | | therapist, and even a nurse. Then, depending on |
| but without the professional having the proper | | | | the details involved, the actual medical facility |
| license in place. | | | | might be named in the suit. As an example, if a |
| If you have been involved with a situation of | | | | hospital knowingly allowed a medical professional |
| medical negligence or malpractice or a family | | | | to provide care to patients without the proper |
| member passed away because of this situation, | | | | license or training and something happened, the |
| the first thing you need to do is find a qualified | | | | owners or executives of the facility would be |
| and reputable attorney. This means if the case | | | | liable. |
| involved a dentist, you would need a dental | | | | At this point, attorneys for both parties, and |
| malpractice attorney or if the case involved a | | | | often the dental or medical malpractice insurance |
| doctor, then an attorney that handles cases | | | | company would review the details of the lawsuit |
| involving doctors would be required. Remember, all | | | | and if all four required elements were met, the |
| medical; professionals are required by law to | | | | case would be heard in a court of law. For this, |
| maintain malpractice insurance although the | | | | the medical negligence and malpractice claim would |
| amount of protection varies. | | | | need to be filed in the appropriate jurisdiction, |
| Depending on the circumstances and the amount | | | | something your attorney would handle. A date |
| of damages being sought, medical malpractice | | | | would be set for the case to be heard, which |
| insurance companies may try to settle out of | | | | could be anywhere from several months to |
| court. In this case, your attorney and the | | | | years. |
| attorney for the medical professional would | | | | During the time of filing and the court date, |
| convene and if an agreement could be reached, | | | | various things would happen. For instance, |
| the case would be settled and closed. However, if | | | | depositions would be required, information |
| all parties involved with the medical negligence and | | | | gathered, parties interrogated, documents |
| malpractice case could not agree on a settlement, | | | | reviewed, and so on. If you ever find yourself in |
| a date would be set for trial at which time all | | | | a position such as this or if you are currently in |
| evidence would be heard and a final determination | | | | need of a good medical negligence and malpractice |
| made. | | | | attorney, you want to choose someone with |
| As the patient or member of the decease patient | | | | years of experience but also an attorney who |
| involved with a medical negligence and malpractice | | | | specializes in the area of damage. As an example, |
| case, you would be the "plaintiff" and the | | | | if the issuer pertained to a dentist, then you |
| professional or facility being sued would be the | | | | would need a dental malpractice attorney. |
| "defendant". If your injury were significant enough | | | | |