(Newswire.net — February 2, 2018) — Malpractice. It’s a scary word – one that no one wants to be a victim of. Malpractice is “improper, illegal, or negligent professional activity or treatment, especially by a medical practitioner, lawyer, or public official.” In a perfect world, the people we entrust with our life’s affairs – and even with our lives – would always be trustworthy, honorable, moral individuals. However, we don’t live in a perfect world. And, while most doctors, lawyers, and other service providers are good people who will do their best to serve you, there are some who will harm you or do a terrible job in handling your affairs.
This reality sometimes makes it necessary to file a malpractice lawsuit. Malpractice suits do not undo the damage that has been done. However, they can put a bad actor out of business and prevent many others from being hurt by them. So, if you are considering filing a malpractice lawsuit, be brave. Here are a few things you need to know first.
Confront the target of the possible suit as soon as possible.
Before filing a lawsuit, you should talk to the person who has wronged you. Perhaps, it was unintentional and they are unaware of their error. Perhaps, there is something they can do to fix it that you may not be aware of. For example, if a doctor prescribed the wrong pills for your condition and you are inclined to file a medical malpractice suit, it may be possible that your prescription simply got mixed up with someone else’s or the doctor may be able to give a new prescription that can nullify any negative effects of taking the wrong medicine. Ideally, the professional will recognize, admit, and apologize for the error. However, if he doesn’t, then you must consider that his error is a serious and repeated problem and you may proceed with your suit.
See if there is an authority that you can go to before going to court.
Many professionals today – including lawyers, doctors, banking representatives, and others – are subject to governing bodies or licensing boards whose laws they must adhere to. If a professional does not abide by those laws or standards, their license can be revoked and they can be prevented from continuing to practice their profession. The governing body may also opt to fine them or punish them in some other way. Availing yourself of these opportunities can save you the time and cost of going through a lengthy trial.
Get a professional assessment to confirm your case is valid.
Nothing is worse than going to court only to have your case thrown out for insufficient cause. Especially if you decide to represent yourself, as many do to avoid lawyers’ fees, you will be in good standing if you get professional legal advice before filing a malpractice suit. Consulting websites such as Nolo.com and Find Law can provide much-needed advice and ensure that you don’t overlook something important. Remember, the people or company you are going up against in court will likely have more money, more resources, and more experience with the justice system, and their lawyers will seek to get your case thrown out on a technicality. A little time spent researching can prevent that.
Filing a malpractice lawsuit is a large undertaking. But, if you take measured steps, you can carry out – and win – a successful legal proceeding.