If you’ve been the victim of improper medical care in Washington, D.C., you may wonder what to do next. Filing a medical malpractice lawsuit is a way to hold the responsible parties accountable and obtain compensation for the harm they caused you. Here’s what you can expect as you pursue your claim and what a Washington, D.C. medical malpractice lawyer can do to help.
Steps to File a Medical Malpractice Lawsuit in Washington, D.C.
Filing a medical malpractice lawsuit involves taking a number of specific steps. Here’s what you can expect.
Consult with a Lawyer
The very first thing you should do is speak with a lawyer who handles medical malpractice cases in Washington, D.C. Simeone & Miller offers free initial consultations, which make it easy to understand your options and develop a relationship with your attorney based on trust. We will listen to your story, assess the strength of your case, and guide you on the next steps. We will help you understand your rights and what to expect during the legal process.
Obtain Medical Records
Next, we will work with you to gather your medical records related to the incident. These records will provide crucial evidence of the care you received and demonstrate where the medical provider may have made a mistake. Be sure to inform your lawyer of all the doctors and hospitals involved in your care.
File a Notice of Intent to Sue
The Code of the District of Columbia says you must file a Notice of Intent to Sue before you can start a medical malpractice lawsuit. Your lawyer will send this notice to the healthcare provider you’re planning to sue, giving them a chance to review the matter and decide whether to settle the matter out of court. The notice must include details of your claim, such as the facts as you see them and the specific amount you are seeking in compensation.
Filing the Lawsuit
If mediation doesn’t resolve the issue, you can then file a lawsuit in court. This involves preparing a formal complaint that outlines your allegations against the healthcare provider. Your lawyer must file the complaint within the statute of limitations, which is generally three years from the date of the injury or from when you discovered the injury. The statute of limitations period can be extended by several factors, and your attorney at Simeone & Miller, LLP will advise as to the appropriate deadline by which your case must be filed.
Mediation
Washington, D.C., law provides the parties to a medical malpractice case with the option to go through a mediation process. Mediation is a way to resolve the dispute without a full court trial. Both sides will meet with a neutral mediator to try and reach an agreement. If you and the liable parties can reach an agreement, the case ends without further legal action.
Discovery Process
Next, both sides will engage in discovery, exchanging information and evidence related to the case. You may need to answer questions under oath, provide documents, and possibly attend depositions.
Retaining of Expert Witnesses
In nearly every medical malpractice case, a plaintiff is required to provide expert witness testimony that malpractice occurred and caused the damages the plaintiff seeks. Each expert must be the appropriate field of medicine and qualified to testify in the case. Medical experts are actually retained prior to litigation and review the applicable medical records to assist the plaintiff’s attorneys in identifying the specific malpractice that occurred, the responsible parties, the damages that resulted, and the defenses that the defendants may raise.
Trial
During the previous steps, your lawyer and the medical professional can continue negotiating for a settlement that will end your suit. If a settlement cannot be reached, your case will go to trial, where both sides will present their evidence and arguments to a judge or jury. The judge or jury will then decide whether the healthcare provider was negligent and, if so, how much compensation you should receive.
Contact Our Washington, D.C., Medical Malpractice Attorneys Now for Help
The medical malpractice process in Washington, D.C. is complex, but it’s not one you have to go through alone. The experienced team at Simeone & Miller, LLP, can handle all the above steps on your behalf so that you can focus on resting and recovering. Contact us today for a free consultation with a Washington, D.C., medical malpractice lawyer and find out what your case could be worth.
