Steps in a Medical Malpractice Lawsuit
Injured patients in Nebraska have a legal right to file a lawsuit for medical malpractice whenever a health care provider’s negligence has caused harm.
There are standards of care that are required to be upheld by each medical specialty, when a healthcare provider acts in a manner that violates that standard of care and injures a patient, this is considered medical negligence.
Medical negligence is an actual tort in Nebraska, and patients may sue to recover for damages under that tort.
Inkelaar Law’s medical malpractice attorneys have represented clients injured by a variety of medically negligent acts including:
- Failure to diagnose
- Improper prescriptions or dosage
- Birth injuries
If you suspect that negligent medical providers are responsible for injuries, call 1-877-537-4665.
Stages of a Medical Malpractice Lawsuit
Medical malpractice cases are some of the most drawn out personal injury cases in Nebraska. The cases are quite lengthy, complex and involve multiple stakeholders.
Most medical malpractice cases involve:
1) Medical injury– Suffering a medical injury at the hands of a healthcare provider;
2) Retaining a Lawyer– Interviewing attorneys and choosing a firm to represent you;
3) Obtaining medical records– Your attorney requests your medical records;
4) Filing a complaint– Your attorney interviews experts and uses your medical records to begin the lawsuit;
5) Discovery– Your attorney gathers information through interrogatories, depositions, and requests documents from opposing counsel;
6) Demand for settlement- Direct negotiations to settle the case;
7) Trial– Jury or bench trial if negotiations fall through.
Damages in Medical Malpractice Injuries
In a medical malpractice lawsuit where the patient is harmed, an attorney will pursue a financial settlement or award on behalf of the injured party.
In Nebraska, medical malpractice damages may include settlements and awards due to:
- Physical pain
- Mental anguish
- Physical therapy costs
- Medical bills
- Lost wages
- Lost earning capacity
The specific award or settlement in a case will depend entirely on the circumstances surrounding the medical injuries.
In Nebraska, a medical malpractice lawsuit must be filed within two years of the date of the injury if you are an adult. If you were injured as a minor, the statute of limitations does not begin until you reach the age of 20.
In general, it is best to act as quickly as you know about the injury. The sooner you act, the sooner our experienced attorneys can protect your interests.
Inkelaar Law: Your Medical Malpractice Attorneys
Lawyers at Inkelaar Law have held hospitals, surgeons and other medical professional accountable for negligent actions that have harmed patients.
Hospitals and clinics have a team of attorneys to protect their interests. If you have suffered a medical injury, please contact our firm.
Call 1-877-537-4665 or fill out the online contact form.