misdiagnosis lawsuit
Halt | October 21, 2020 | 0 Comments

How to File a Misdiagnosis Lawsuit and Win

Medical mistakes are currently the third-leading cause of death in America. When a healthcare provider makes an error, the impacts are often devastating. If you’ve suffered an injury due to a misdiagnosis, then you deserve compensation.

It can be a real challenge to pursue a misdiagnosis lawsuit, though. From collecting the evidence to showing up for court, there’s a lot of work to get done. Not sure where to start or what to expect? We’ve got you covered.

Read on to learn everything you need to know about how to file a misdiagnosis lawsuit and win.

Step One: Collect Your Evidence

If you’re hoping to get compensation, then you’ll need to prove your claims. That means your first step in seeking out a lawsuit is to collect your evidence. Keep in mind that you’ll need to prove the following to win your case:

  • A doctor-patient relationship existed
  • Your doctor failed to diagnose your condition
  • Your doctor’s misdiagnosis led to an injury
  • Your injury caused specific losses

The first element of your claim should be easy to prove. You’ll want to get documentation that shows you were under the doctor’s care. Proving your losses should also be pretty easy. Bring documentation about your injury, doctor’s visits, and medical bills.

The middle two elements are hard to prove. You may need to enlist a medical expert to help prove your doctor made a mistake.

Step Two: Reach Out to a Lawyer

When you’ve collected your evidence, you should reach out to a lawyer next. An attorney will help you decide if pursuing a claim is in your best interests. They’ll also help you fill any evidence gaps.

Step Three: How to File Your Claim

Next, it’s time to file your official misdiagnosis lawsuit. If you hired an attorney, then they’ll help you get the correct paperwork. Otherwise, you’ll want to reach out to your local court.

Remember, the more evidence you have at this stage, the better your position will be. The other party will get notified about the pending lawsuit, and they’ll have time to respond.

Step Four: Negotiate Like a Boss and Win Your Case

If you start out with a strong case, the other party might want to negotiate ASAP. If they know you’ll likely win, they’ll be more willing to provide you a reasonable settlement.

This scenario is a win-win for everyone involved. Avoiding court saves time, money, and resources. If negotiations don’t work out, then you’ll both head to trial.

Ready to Pursue a Misdiagnosis Lawsuit?

In theory, a misdiagnosis lawsuit seems straight-forward. Your provider makes a mistake, and they’re held liable for your losses in court. In reality, the process is more complicated.

First, you need to collect enough evidence to prove your case. Then, you’ll file a lawsuit in court. From there, you’ll need to negotiate or head to court.

Are you looking for more pro-tips to help you navigate your legal troubles? If so, then we’ve got a plethora of free resources on our site. Keep browsing around to learn more crucial information to help you with your claim.