Your Legal Options After Medical Malpractice

Your Legal Options After Medical Malpractice

You have been experiencing pain in your lower abdomen. This pain has been going on for weeks, and you’ve been unable to do specific activities because of the discomfort you’re feeling. Because of these reasons, you’ve decided to consult your doctor. You were immediately recommended for surgery. Days after the surgery, your abdomen has been bleeding profusely, and the pain has been unbearable – this is what pushed you to take legal action for medical malpractice. You think that medical practitioners should provide care at all times, and not harm their patients in any way. To provide you with your legal options after medical malpractice, this article might be helpful for you:

Facilitative Mediation

This is a form of alternative dispute resolution which involves a neutral facilitator who will work with the plaintiff and defendant to find common ground between the two of them. Commonly, the facilitator of these resolutions is a medical malpractice attorney who understands the nitty-gritty of medical malpractice cases. The main objective of a facilitative mediation is for the facilitator to talk to each party and determine what the respective strengths and weaknesses of their cases are, and actually convince them to agree on a settlement amount rather than file for a lawsuit.

Formal/Binding Arbitration

Formal arbitration involves a contractual option to a trial or lawsuit. In this process, the plaintiff and the defendant contractually agree to allow a panel of attorneys to hear their case and arbitrate it within their limits. This can save both parties the cost of an actual lawsuit while still being able to present their case. This process is binding and should not be taken lightly. Courts are wary of this process and can change decisions made by the panel who facilitated the arbitration especially when the arbitration awards are not reasonable enough.

Direct Settlement With a Medical Service Provider

There are cases when the medical service provider will admit that they are at-fault and have committed a mistake. When this happens, the medical service provider will seek a settlement with the plaintiff. But with this kind of arrangement, you should pay attention to the amount of compensation as you might be receiving an amount that does not equate to the injuries and damages you have sustained because of the malpractice.

Lawsuit Against Medical Malpractice

You can file a lawsuit if you’ve been a victim of medical malpractice. This is a common medium victims use to seek settlement for the malpractice. Although widely-used, a lawsuit can take so much of both parties’ time and money. There are a lot of fees to be paid in the process, not to mention the documents to be prepared to serve as evidence. When you’re leaning towards a lawsuit against medical malpractice, you have to:

  • Contact the medical service provider involved.
  • Contact the relevant medical licensing board.
  • Know how long you have to file a claim.
  • Get a medical assessment to confirm that your lawsuit has merit.

When dealing with injuries legally, everything will not come off as easily as you may hope for. There are certain processes to follow and requirements to adhere to. To ensure that you can get all of these done without any hassle, work with an experienced lawyer with this one here. Once you have a lawyer working for you, you can guarantee that regardless of the legal option you choose, it is carried out by the best in order to result in positive results.

In conclusion

Being a victim of medical malpractice is never easy. Instead of making your diseases, injuries or illness heal, you actually experienced the complete opposite and ended up further compromising your situation. And of course, you’ll never settle if the negligent party is held liable for their actions, right? Your health and life have been put on the line, so it’s just right that you take care of things legally. Keep in mind the information presented in this article, and for sure, you’ll be able to seek justice for what happened through a legal option appropriate for you.