Medical malpractice is a serious crime, but proving it can often involve jumping through a number of hoops. Even in the best of times, this is a major task. Patients who have been the victims of medical malpractice in Delaware deserve the help they need to prove their cases and get the compensation they deserve. Follow this step-by-step guide to do just that and see justice served.
The Basics of Medical Malpractice
Medical malpractice occurs when a healthcare provider fails to provide a standard level of care to a patient, resulting in harm or injury. This could stem from a broad range of errors, including misdiagnosis, unnecessary or incorrect surgery, premature discharge, failure to order appropriate tests, not taking into account the patient’s medical history, and lack of follow-up or aftercare. Every case is unique, and the specific circumstances of your case will ultimately dictate the course of your legal pursuit.
Delaware’s legal framework for medical malpractice is primarily centered on three key points:
- Breach of a Duty: The healthcare provider owed a professional duty to the patient.
- Breach of a Standard of Care: The provider failed to meet the accepted standard of care.
- Causation: The provider’s negligence directly resulted in the patient’s injury.
Steps to Take Following Suspected Medical Malpractice
If you suspect that you have become a victim of medical malpractice, you need to quickly and accurately document your medical treatment as well as any communication with healthcare providers. Documentation should include dates, times, the contents of conversations, and the names of healthcare workers. This will provide a factual basis for your claim and strengthen your case.
Seeking a second opinion can also be helpful. Another medical professional might offer a different diagnosis or treatment plan. A second opinion can help identify any discrepancies and aid in proving medical malpractice in Delaware. This applies after the fact, too, since a second opinion can help to identify what kind of treatment could have prevented harm as well as identify that the lack of appropriate treatment contributed to that harm.
Gathering Necessary Evidence for a Medical Malpractice Claim
Evidence in a medical malpractice case includes medical records, expert testimonies, and any documents that can prove negligence on the part of the healthcare provider. Organize all evidence chronologically and keep it safe for reference during proceedings. All of this is what your case rests on since it proves that the malpractice took place and resulted in your current condition.
The evidence in a malpractice case can take many forms. As covered, medical records and documented interactions with healthcare professionals are fairly common, offering an easy reference for your condition and what led up to it. Photographs of injuries over time can also be useful, particularly if things have worsened due to neglect or improper procedures.
How Expert Witnesses Can Help in Medical Malpractice Cases
Expert witnesses play an indispensable role in substantiating medical malpractice claims. They provide an objective analysis of the healthcare provider’s actions and explain the standard of care expected in specific situations. When selecting a witness, ensure they have the necessary experience in the medical field, credibility, and the ability to communicate complex medical information clearly and effectively.
Filing a Medical Malpractice Lawsuit in Delaware
The first step in initiating a lawsuit is drafting a complaint. This document should detail the alleged incident, how the standard of care was breached, and how this breach has resulted in harm or injury. The complaint will then be served on the defendant—the healthcare provider who is being accused of malpractice.
Once the healthcare provider receives the complaint, they will have an opportunity to respond. The provider’s response may either admit, deny, or state insufficient information to admit or deny the allegations. This initiates the pre-trial phase, where both parties exchange information in a process called “discovery.” Discovery can involve depositions, interrogatories, and document requests. Though this process can take time, it prepares the case for trial.
Beyond this, keep the statute of limitations in mind throughout. In Delaware, you have up to two years from the date of injury to file a lawsuit. This applies to malpractice as much as any other kind of injury, so don’t wait around if you believe you have a case.
Navigating the Legal Process With Your Attorney
Having an attorney should not be considered optional when dealing with medical malpractice cases. They can help build a strong case, negotiate with the defense party, and guide you through the legal system. Clear communication and active collaboration with your medical malpractice attorney can have a significant bearing on the outcome of your case.
Alternative Dispute Resolution Options
Mediation and arbitration offer alternatives to court proceedings. These methods can save time and money and reduce stress. However, they may not be suitable for every case. Weigh the pros and cons of these methods carefully before deciding on the best course of action for your case.
Prove Medical Malpractice to Get the Compensation You Deserve
Proving medical malpractice takes careful preparation, documentation, and experienced legal advice. The journey may be challenging, but proper guidance can make the road to justice smoother.
If you believe you’re a victim of medical malpractice in Delaware, contact Schmittinger & Rodriguez for personalized advice. Call (302) 674-0140 to schedule a free consultation.
