How Long Does It Take to Settle a Medical Malpractice Claim?

Medical malpractice can lead to suffering, loss of income, and large medical bills. Medical malpractice lawyers in Kansas City can help you navigate the complicated world of malpractice litigation and get you the money you deserve.

Medical Malpractice Case Consultation

The amount of time needed to settle a case of malpractice in a medical facility or by a doctor varies greatly depending on how complicated the case may be, the response of the responsible party, and whether or not the case must go to trial. We will start your case with a consultation where we will discuss the details of your specific situation.

At your consultation, we can discuss how long we expect your case to take. Keep in mind that specific occurrences can make a case take longer than expected. Cases may also take a shorter time than originally expected if the response from the other party is quick.

Medical Documentation

We will need to gather paperwork and other documentation in order to make your case. We will let you know if there is documentation you will need to obtain yourself, and we will obtain the appropriate paperwork and medical records from the facility or doctor you used. These records are how we build your case.

Research

We may need time to research the specifics of your case to determine negligence and responsibility. We will uncover information about what should have been done and decisions by medical staff that were inappropriate and caused you injury.

Case Settlement Opportunities

Many malpractice cases settle outside of court. This means that the responsible party agrees to give you a certain amount of money to cover your losses, and a judge does not need to be involved. Settlement negotiations can happen very quickly if both parties agree on the amount. Sometimes, however, negotiations can take a long time to complete.

Going to Trial

If the parties cannot agree on a settlement amount, then the case will go to trial. This adds extra time to the case because courts can move slowly and the case must progress according to the time period set by the courts. There may be several court dates that need to be attended before the case comes to a conclusion.

Types of Medical Malpractice:

Failure to Diagnose:

One of the most common types of malpractice is a failure to diagnose an illness. Doctors may have told you that there is nothing wrong with you or that your problems are all in your head when in truth you had an illness that needed treatment.

Wrong Diagnosis:

Being diagnosed incorrectly is another type of malpractice that commonly results in litigation. This occurs when the doctor or medical professional has made the wrong diagnosis, but the real illness or issue goes untreated.

Mistakes in Surgery:

Surgery is a serious event, and sometimes surgeons can be negligent in their treatment. They may forget to comply with important procedures or make a mistake during the surgery. This can often result in lifelong problems for the patient.

Wrong Treatment:

Sometimes the illness or problem is diagnosed correctly, but the doctor treats it incorrectly. If you have been given the wrong treatment, you have been denied an opportunity to get better. If the right treatment had been applied, you could have avoided suffering. This is a case of the wrong treatment being applied.

Injuries at Birth:

When the medical team makes mistakes during the birth of a child, the results can be devastating. Children can have conditions that last the rest of their lives because of mistakes made at their births. If your child has a birth defect, Cerebral Palsy, or another injury, it could be a result of bad decisions made during the birth.

Failure to Diagnose Life-Threatening Conditions:

Sometimes a failure to diagnose can be especially serious. This can happen when the illness is threatening to the patient’s life. This often happens with a diagnosis of cancer. The disease can spread while it is not being treated, and this can lead to further injury and even death.

Failure to Prevent Infection:

Infections are a problem in places where many people are gathered. This can happen in particular in hospital settings where infections can easily spread if proper precautions are not taken. It is a case of malpractice when a hospital fails to take action that will prevent an infection in a patient.

Dental Errors:

Doctors are not the only medical professionals that can commit malpractice. Dentists can also make poor decisions that lead to injury and expense for patients. Dentists may misdiagnose an important problem or may fail to notice something that is potentially wrong. They may also provide the wrong treatment or treat the wrong area of the mouth.

Anesthesia Mistakes:

Going under anesthesia presents a potential for problems, and it is important that the professional providing the anesthesia follows the proper procedures and is careful to make the right decisions. When anesthesia is not applied correctly, it can lead to many problems. Some of these can last the rest of a patient’s life.

Reasons You Need an Attorney to Help With Your Medical Malpractice Case

Insurance Companies

Doctors and other medical professionals carry insurance for malpractice cases. When you file a lawsuit against a medical professional, you will have to deal with the attorneys at the insurance company. Their job is to pay out the lowest amount possible, and they can be difficult to handle.

You owe it to yourself to hire an attorney who understands how to handle insurance companies and is tough enough to fight back when the other side is pushing to give you less than you deserve.

Proper Documentation

An attorney knows what kind of documentation will be required and what the court will want to see in terms of paperwork. Your attorney will be able to advise you about this documentation and will be able to file demands that this paperwork is released.

Negotiation

Negotiation of a settlement is a big part of a malpractice case, and you need medical malpractice lawyers working on your side who knows how to be a tough negotiator. This is how you will be sure that you are getting the best settlement possible.

Trail Expertise

If your case has to go to trial, you will need an attorney to argue your case in front of the court. You will want an attorney who has experience in trials and can successfully argue your case for a positive outcome.

Appropriate Settlement

Malpractice suits are complicated, and it can be hard to determine what an appropriate settlement will be in your case. Your attorney will know how much money you will be able to get for your case and how much to ask for from a settlement or the courts.

If you have been misdiagnosed or otherwise injured by a member of the medical community, you may have a potential malpractice lawsuit. Be sure you get the award you deserve by hiring an attorney who will fight for you and make sure you are treated fairly by insurance companies and the courts. Contact the Nail Law Firm for a consultation about your malpractice case in Kansas City. Get the settlement you deserve for your suffering. We can help.