Medical malpractice claims result from a doctor, nurse, hospital, or other healthcare provider neglecting to meet the accepted standard of care in healthcare. When patients suffer harm, such as physical and psychological injuries, because of the car they are in, civil laws allow them to pursue payment from the liable party.
The law and medical field hold providers to a high standard, and when they are negligent, you can seek a settlement. Contact our diligent York medical malpractice lawyer to schedule an appointment and review your case.
A seasoned personal injury attorney from our firm can review medical records, consult expert witnesses, and build a strong claim to help you pursue fair compensation.
Proving fault in lawsuits filed against healthcare professionals requires that you show that each element of liability is present.
Evidence to demonstrate each component may include your medical records, witness statements, and provider testimony. It must present an apparent timeline and prove that the defendant is more likely guilty than not, or, in legal terms, establish a preponderance of the evidence. Our medical malpractice lawyer in York can answer specific questions during the consultation and determine if all the components are present to pursue payment through civil action.
State laws mandate that you complete additional steps for suits against medical providers. Those include notice and the Screen Panel. According to Maine Revised Statutes § 2853, the
Notice of Claim is a written affidavit notifying the provider, or their insurer, of your plan to seek monetary damages for medical malpractice.
The document must detail the allegations, injuries you suffered, and the amount of compensation. Our seasoned York medical malpractice attorneys can draft the notice, file it with the court, and have a process server deliver it to the medical professional you name as the defendant. They can also file the Notice of Claim, along with proof of service, with the court for the defendant within the necessary time.
After filing the notice, the court refers the case to a pre-litigation screening panel, which often consists of a healthcare provider, an attorney, and a public member. They review the case, medical records, and supporting evidence to ensure that the case establishes that the defendant deviated from the professional standard and that this deviation caused the patient harm.
If they determine negligence caused your injuries, the case can move forward. Failing to comply with either requirement will result in the court dismissing the case, unless it grants an exception.
After successfully showing the court that the elements of negligence exist, they review the specifics, such as the provider’s actions and the severity of your injuries. They will also consider how they will continue to affect you in the future, and compensate you within two categories.
The first is economic damages, which include the quantifiable financial losses you sustained as a result of the malpractice, such as medical care, ongoing healthcare services, and lost wages. The second group includes non-economic damages, which encompass non-monetary injuries, such as psychological injuries and chronic pain, and suffering.
If you suffered bodily injuries and financial losses as a result of medical care, you can initiate legal action to hold them financially accountable. Navigating the civil court to prove fault in personal injury claims is challenging, and this is particularly true in lawsuits against healthcare professionals due to the additional steps involved.
Our compassionate and experienced York medical malpractice lawyer could provide advice, guidance, and help you through each step of the process. Contact us today for a free consultation.
207-363-5208
207-363-5208