Home > Blog

Medical malpractice, when a lawsuit proceeds

Do you think that the negligence of doctors, hospitals and other health professionals have caused serious complications and the death of one of your loved ones or have caused you serious injuries after an intervention? Then you can become a victim of medical malpractice.

Inevitable negligence can lead to fatal injury or death, although procedures cannot be postponed to compensate for the injury, poor medical procedures can hold one party liable and reimburse the other for any and all damages resulting therefrom.

Negative actions and non-compliance with the doctor's duties is the direct cause of the injury and therefore runs the risk of being sued for negligence.

There is talk of medical malpractice when a doctor or nurse who is a provider of physical health and well-being does not provide the medical care that corresponds to his patients. Depending on the degree of negligence, a healthcare professional can be sued for medical malpractice.

Investigation process for medical malpractice

Before filing a formal medical malpractice lawsuit on your own, you need to find legal advice from a personal injury lawyer. The steps to follow to obtain your reimbursement for this type of injury will depend on the following:


The injury attorney and his team of professionals will collect records related to your claim, which are: medical reports, bills, and insurance policy information. These documents will help your attorney understand the extent of your injuries and build a case for compensation.


The legal staff assigned by your attorney will be tasked with investigating the cause of your accident in great detail, and gathering the evidence necessary for success. Dashcam images, security cameras, involved medical personnel, police records and everything else you need to help build your case can be evaluated.


The personal injury attorney you hire is in charge of negotiating with the defense or defendant outside of the courtroom to help you (without going to court) to receive the highest possible compensation to which you are entitled.

If these negotiations are unsuccessful, your lawyer is ready to go to trial and present your case in the most legal way possible before the authorities.

Types and medical negligence

Now, just because a person suffers a personal injury while under medical care and attention does not automatically mean that the staff is negligent, or should be sued for it.

For example, prior to surgery, it's the duty of the doctor to explain to the patient a series of risks involved in his procedure, he must be clear about what that means and therefore it's not considered a reason for negligence.

After a patient receives precise medical instructions on what to do after their surgery, it's necessary to pay special attention to the correct follow-up. If the person does not follow instructions, and an injury occurs as a result, he is likely to have a medical malpractice lawsuit on his hands.

That said, negligence is defined as the lack of action with which a medical professional would act in a situation of health risk, this has to be the direct reason for your injury so that you can discuss a case of this type with your lawyer of injuries.

How to know if I should sue for medical malpractice

This would be a clear example of medical negligence: suppose that you go with your child to a specific doctor, due to a deep laceration that the minor just received from playing outdoors with a couple of friends.

The treating physician then greets you in the examination room but is also distracted by trying to see all the patients in your practice that same day.

Given the depth of the wound and to continue with the next patient, he states that he only needs a couple of sutures, to try to do it he takes some tools near his table that have already been there for a while and he had no knowledge if they were sterilized.

The worst part is that such forceps had previously been used to treat an infection and this is against medical policy to use only one tool for each patient.