Robert A. Solomon, P.C.
Two Offices Serving New York & New Jersey

What should you do before seeking a medical malpractice claim?

If you decide that you want to sue your doctor for medical malpractice, you need to make sure that you have enough evidence to prove your case. Information about your injury, how it occurred and what your doctor did that violated the medical community's standard of care is necessary. Your attorney can help you compile the information, so you can present it to the defendant's attorneys to see if the hospital or doctor would like to offer a settlement.

If the defendant decides to go to court instead of offering a settlement or if you decide the settlement is not fair, you'll go to a trial. A judge and jury may be present.

Juries who hear your case need to decide if the doctor performed his or her duties in a manner consistent with how other doctors given the same information would have performed. If so, then it's unlikely that he or she can be held responsible for medical malpractice. However, if it can be shown that he or she acted in a manner inconsistent with the care another provider would have offered, then you can show that there was medical negligence.

To make sure you have the ability to prove your case, good record keeping is necessary. You should not only keep records on what happened to you or on witness information but also things like your expenses and complications from the initial injury. The more information you have that links your injuries to the care you received, the better. Providing damages is easier if you have information on how much you've lost in wages or due to medical expenses as well.

Source: Enlighten Me, "Top 10 Tips About Suing Your Doctor For Medical Malpractice," accessed Nov. 21, 2016

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