Experiencing a negative, or poor, medical outcome does not automatically mean the doctor, hospital, or lab made a mistake. However, if your injury or loss was a direct result of a medical professional failing to follow the standard of care in your case, such as failing to order a standard medical test to detect cancer, then the provider may be guilty of malpractice. Your injuries or loss may entitle you to medical benefits and various forms of compensation under medical malpractice law.
The medical malpractice lawyers at Shelsby & Leoni P.A. will thoroughly examine the medical records and find out if you received proper attention and care as a patient. Upon reviewing your case, if it appears that medical malpractice occurred, our medical malpractice attorneys will immediately file a medical malpractice lawsuit on your behalf against the doctor, hospital, or other medical provider that caused your injuries or loss. They will also establish whether the medical provider should have done something differently or did something incorrectly.
How Do I Know I Have a Valid Medical Malpractice Case?
Typically, three conditions need to be met for your medical malpractice case to have merit:
- There was negligence on the part of the hospital, doctor, physician, lab, or clinic.
- The negligence resulted in injury or death
- Such injury or loss resulted in damages to the person filing the lawsuit
If these three factors can be determined, you may have a medical malpractice case. An experienced medical negligence lawyer can help determine what your case is worth.
Common Medical Malpractice Cases
There are many situations where a bad medical outcome rises to the level of malpractice, including:
- Failure to diagnose treatable forms of cancer, such as early-stage lung cancer, breast cancer, colon-rectal cancer, and skin cancer misdiagnosis
- Birth injuries caused by delayed delivery or other provider negligence, such as Erb’s Palsy or Cerebral Palsy
- Pediatric injuries, such as failure to diagnose meningitis
- Surgical errors, including injuries to internal organs and vessels, incorrect or unnecessary procedures, or a failure to provide follow-up care
- Emergency room mistakes, including understaffing, overworked staff, and medication errors
- Medication errors, such as overprescribing medication or prescribing the wrong one
- Physician negligence, like medication errors or surgical errors
- Hospital negligence, such as the lack of proper care for a patient or equipment failure due to a lack of maintenance
- Errors in diagnosing, leading to overprescribing medication or prescribing the wrong one
What Are the Steps in a Medical Malpractice Case?
Medical malpractice cases are often intricate, but here’s a look at the steps involved in a typical med mal lawsuit:
Initial Consultation and Case Evaluation
The first step is consulting with an experienced medical malpractice law firm in your area. During this stage, the lawyer will review your medical records, listen to your account of what happened, and determine whether your case has merit. They’ll evaluate whether the healthcare provider’s actions (or lack thereof) deviated from the standard of care, resulting in harm.
Investigation and Gathering Evidence
Once you have retained an attorney, they will begin gathering evidence to build a strong case. This includes:
- Requesting and analyzing medical records
- Consulting with medical experts to establish negligence
- Identifying the damages, such as medical bills, lost wages, and emotional suffering.
At this stage, your medical negligence attorney might also send a demand letter to the healthcare provider or facility, outlining the claim and the compensation sought.
Filing the Complaint
Your attorney will file a formal complaint in court. This legal document outlines the primary allegations against the defendant(s), how they failed to meet the standard of care, and the damages you’re seeking.
Discovery Phase
In this stage, both parties exchange information and evidence through a process known as discovery. This often includes:
- Depositions (sworn testimonies taken under oath)
- Written interrogatories (questions answered under oath)
- Requests for documents, such as hospital protocols or communication among medical staff
Medical experts on both sides will often play a significant role, offering opinions on whether negligence occurred and its impact on the patient.
Settlement Negotiations
In some cases, the attorneys for both parties work together to negotiate a settlement. If an agreement is reached, then the case is resolved without the need for court proceedings. However, if it is not, then your case will need to proceed to trial.
Trial
During the trial, both parties present their arguments, evidence, and expert testimonies before a judge or jury (more likely). The court then decides whether the healthcare provider was negligent and, if so, the amount of compensation owed to the plaintiff(s).
Appeal
After the trial, either side may choose to appeal the verdict if they believe errors (likely of fact) were made in the legal process. If allowed, an appeal may extend the timeline of the case.
Resolution and Compensation
Once a resolution has been reached, the plaintiff is awarded compensation to cover medical expenses, lost wages, pain and suffering, and other damages related to the malpractice.
Hospitals Our Negligence Attorneys Have Litigated Against
Several of our medical malpractice lawyers are former insurance defense attorneys and that gives them an edge over other injury attorneys who do not have that experience. Over their more than 3 decades of experience our legal team have successfully sued all healthcare organizations in DE & MD. This includes Christiana Care, St. Francis Hospital, Beebe Hospital, Milford Hospital, A. I. DuPont Children’s Hospital, Johns Hopkins Hospital Systems, University of Maryland Hospital Systems, Union Hospital, BayHealth, Nanticoke Hospital and Anne Arundel Medical Center among others.
Medical Malpractice Lawyer: FAQs
Here are some of the more commonly asked questions about medical malpractice. If you have a question you don’t see answered here, reach out to our team for a free consultation.
How Long Do You Have to Sue for Medical Malpractice?
The statute of limitations for filing a medical malpractice lawsuit depends on the state of filing. For example, in Delaware, the law gives you two years from the date of your injury to file a medical malpractice lawsuit, as stated in Delaware Code Title 18, Section 6856 (2024).
This timeline is strictly followed, barring rare exceptions such as when the injury was not discovered on time. However, these cases are complex and require careful legal analysis to determine the actual filing deadline.
Can You Still File a Med Mal Lawsuit if You Missed the Deadline?
If you attempt to file a medical malpractice lawsuit after the statute of limitations has passed, your claim will likely be dismissed. Without an appropriate extension, your legal options are limited. This also means that any potential settlement discussions are out of the question, as the law will no longer recognize your claim.
Will My Case Go to Trial?
Determining whether a medical malpractice case proceeds to trial depends on several factors. The trial attorneys at Shelsby & Leoni are always prepared to take your case to trial if that’s the best way to secure the outcome you deserve. You can rely on us to provide aggressive representation in the courtroom if necessary.
How Likely Am I to Win a Medical Malpractice Case?
The likelihood of winning a medical malpractice case depends significantly on the strength of your evidence. Doctors can win if the evidence is weak. Even when the evidence is ambiguous, doctors can still win the case.
This is why you need an experienced and resourceful medical malpractice law firm to help increase your chances of a favorable outcome.
Have More Questions? Contact Our Medical Malpractice Attorneys
If you or a loved one has been impacted by medical negligence, you don’t have to face this challenge on your own. For years before representing injured people, we defended doctors and hospitals in medical malpractice cases. As a result, we understand the internal processes that hospitals use to report cases with bad medical outcomes and are aware of the types of things they do ahead of time to protect themselves.
Our attorneys at Shelsby & Leoni know how to conduct discovery in such a way that will preserve the evidence we need to prove your case. If you or a family member has been injured by a medical provider, contact our medical malpractice attorneys for a free case analysis.