5 Things You Should Know Before Filing A Medical Malpractice Suit

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California medical malpractice lawyersAccording to a study by Johns Hopkins Medicine, medical negligence is the third leading cause of death in the United States, only behind heart disease and cancer. That statistic can be alarming and it should be; more than 250,000 people die per year because of medical errors. Though medical malpractice is unfortunately all too common, claims can be difficult to navigate and extremely expensive. If a suit goes to trial, you could spend years going back and forth in the courtroom. To make an informed decision before you file a suit, here are a few things you should know:

1. The Burden of Proof Lies With You

Unlike in criminal cases, the burden of proof lies with the plaintiff, rather than the defendant. You are responsible for proving that your injury was sustained because of an accident and your lawyer must prove all elements of your case for you to be successful.

2. You Must Have Three Elements to Your Case

Medical malpractice consists of three elements. You must prove that:

  • Your doctor acted in a negligent manner and deviated from the standard of care;
  • You suffered an injury because of that negligence; and
  • The injury had damaging consequences.

You must have all three elements for your case to be considered legitimate. You do not have a malpractice case if you have an injury without negligence or negligence without an injury.

3. You Must File Your Suit Within a Certain Time Period

When it comes to medical malpractice cases, there is a statute of limitations, which is a time period in which you much file your case. The statute of limitations varies from state to state, but in Illinois, you must file your medical malpractice suit within two years of the treatment for it to be considered. If you try to file a suit past the two-year mark, your malpractice case will not be considered legitimate, even if your doctor really did commit an act of negligence.

4. Most Medical Malpractice Cases Do Not Actually Go to Trial

Contrary to what you might believe, most medical malpractice cases are actually settled outside of the courtroom. Doctors who are being sued do not want cases to go to court because it is cheaper to settle them, rather than to litigate them. Just keep in mind that, while you may be saving on court costs and legal fees, the settlement amounts reached in negotiations are usually lower than the amounts awarded in trials.

5. You Should Be Represented by a Skilled San Jose Medical Malpractice Attorney

Doctors are held to a certain standard, and it is expected that they will treat each patient with precision. While it is important to recognize that doctors are still just people, there is too much at stake for them to make careless mistakes. If you have suffered from an injury or a loved one has unexpectedly passed away after a doctor acted negligently, contact a Santa Clara County medical malpractice lawyer. Corsiglia McMahon & Allard, L.L.P. can help you figure out if a malpractice lawsuit is best for your situation, and we can help you recover much-deserved damages. To begin discussing your case, call the office at 408-289-1417.



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Corsiglia McMahon & Allard, L.L.P.

96 N. 3rd Street, Suite 620
San Jose, CA 95112

Phone: 408-289-1417
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