Medical Negligence - What to Expect when Suing the Hospital?

It is never easy to prosecute a case of medical negligence or hospital neglect, since these cases have to deal with extra requirements and rules as compared to a civil suit which also involves Houston, TX medical malpractice lawyers. The inability to follow the rules that govern medical negligence cases, in any particular area of jurisdiction, might cause a dismissal of your case, irrespective of its evident merit.

Filing an NOI or Notice of Intent to File a Lawsuit

One apparent area where medical negligence cases can be different from other types of cases is their timing requirements. While civil cases in general have a deadline for a case to be filed known as the statute of limitations, medical negligence cases have what is termed as “notice provisions”. Your Houston, TX medical malpractice lawyer will make sure you are not late on anything.

If you happen to be a medical negligence plaintiff, several jurisdictions require that you file an NOI or Notice of Intent before filing a lawsuit. This procedure serves to place the defendant as well as his/her insurance companies on notice by informing them that litigation will begin soon. This helps to begin an exchange of information among the concerned parties. One of the major requirements of an NOI is the presence of an expert such as a doctor who is qualified in the same specialty as the probable defendant doctor. This expert should certify that in his/her opinion an event of medical negligence or hospital neglect has happened and the lawsuit has its own merit.

The statutes of limitations might vary from state to state, although you have two to three years to begin the claim process. The statute of limitations in the state is two years from the date the malpractice incident occurred. It only takes you a couple of minutes, if that, to find yourself a credible and impressive lawyer using this site: https://usattorneys.com/. You may believe two years seems like an eternity but it actually flies by.

Medical Expert Witnesses

Cases of medical negligence tend to be very expensive but Houston, TX medical malpractice attorneys will front the cost for you and then take some of your settlement winnings from you at the end. Even simple tasks such as getting copies of pertinent medical records can cost thousands of dollars. The same is true of expert witnesses without whose expert testimony your case is bound to end in failure.

Besides, most states like Texas require expert witness as a matter of law. In addition, doctors charge a significant fee to provide their expert opinion in a lawsuit. The more complicated the case, the more money is spent on experts.

Medical Negligence Lawsuits are High Risk

Several states have strictly curtailed the ability for recovering damages in such cases. Lawyers might be choosy about the cases that they are ready to accept, as these cases involve a financial risk to them, and not just to the plaintiff. Bearing the costs, dedicating their time as well as office resources cost a lot of money, with no guarantee of success. In fact, people might go to several lawyers before they can find one ready to accept their case.

Doctors are not only culprits in medical malpractice lawsuits. Nurses can be the target. Why sue the doctor when a nurse make the mistake? This medical legal resource center has some vital information for you if you are in this situuation: http://nursing-home-abuse.usattorneys.com/.

Cases seldom reach the courts as the majority of cases get settled out of court while numerous cases are dismissed for procedural, factual, or legal reasons. If a lawyer does not feel that your case has no chance of winning a significant amount as compensation he/she might not accept your case. You may feel that your hospital neglect case is spectacular and a no brainer but the legal pros in the business may differ from you on this point.

Need of a Medical Malpractice Lawyer

To successfully go through these primary requirements, you need the active assistance of a winning and all-star Texas medical malpractice lawyer. Therefore, it would be prudent to seek legal counsel right away.