Prostate cancer is a relatively slow-developing disease. However, when left unchecked for extended periods, it can easily worsen and spread to other parts of the body. Any delays in the diagnosis of prostate cancer effectively delay all necessary treatments.
Patients with delayed diagnosis should document all symptoms and medical visits, gather medical records, and consult with a medical malpractice attorney quickly due to strict filing deadlines. Family members can assist by collecting records and acting as healthcare proxies when necessary.
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With the aid of medical professionals, legal teams establish a medical malpractice claim by aiming to pinpoint four key elements:
A legal team can formally file a client's claim once a case has been sufficiently developed. Let’s break this down further.
Legal teams employ a comprehensive approach to gathering evidence in medical malpractice claims. The process begins with obtaining all relevant medical records and documentation, including patient charts, test results, prescriptions, and treatment notes from healthcare providers involved in the case. These records form the foundation for establishing what occurred during the patient's care.
Expert medical witnesses play a crucial role by reviewing these records and providing professional opinions on whether the standard of care was met. They analyze treatment decisions, procedures performed, and overall patient management. Additionally, legal teams collect witness statements from medical staff, family members, and others present during treatment to build a complete picture of events.
Legal teams file a medical malpractice claim by submitting a formal complaint to the court. This, of course, should be done upon serving the defendant with a notice of intent to sue. Additionally, a certificate of merit from a medical expert verifying the claim's validity is needed.
Real work begins after a medical malpractice claim is established. At this point, your legal representative must do everything in their power to get you the compensation you deserve. Fortunately, most claims are settled before they can proceed to trial.
For actual compensation on cancer malpractice claims, you may review our previous wins.
The discovery phase is a pre-trial process where both legal teams gather and exchange information about the case. During this period, attorneys conduct depositions, request documents, send written questions (interrogatories), and collect evidence from all parties involved. Medical experts are often consulted to review records and provide professional opinions about the standard of care.
To demonstrate damages, attorneys gather concrete evidence such as medical bills, documentation of lost wages, and other financial records. They may also collect photographic or video evidence to document injuries or conditions. Electronic health records and communications between healthcare providers are carefully reviewed to identify any inconsistencies or crucial information that could support the claim.
Approximately 90% of medical malpractice cases end in settlements before reaching trial. This high settlement rate occurs because trials are costly, time-consuming, and risky for both parties, while settlements offer more predictable outcomes.
Medical malpractice claims typically proceed to trial when settlement negotiations fail or when parties fundamentally disagree on liability or damages. This usually occurs when there are serious disputes over the standard of care, causation of injuries, or the extent of damages. Cases may also go to trial if the defendant's insurance company refuses to offer a reasonable settlement or if the plaintiff believes they can secure a larger award through jury verdict.
Sometimes, cases proceed to trial when there are complex medical issues that require expert testimony to resolve; or when multiple defendants are disputing their respective responsibilities. The decision often depends on the strength of evidence, potential costs, and likelihood of success.
Seeking Medical Compensation for Malpractice?
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At the Porter Law Group, our team of proven medical malpractice lawyers delivers ideal results. We take pride in helping families rebuild after unfavorable circumstances. We operate on a contingency basis, meaning you do not need to pay us anything unless we win your case. This approach allows us to better support those in need.
If you or a loved one has been a victim of medical malpractice, please reach out to us for a non-obligatory free case evaluation. You can also contact us at 833-PORTER9 or info@porterlawteam.com to schedule a consultation.
