Filing a Claim for Medical Malpractice in Iowa City IA

by | Jun 9, 2014 | Lawyers

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Medical malpractice is commonly defined as a situation in which a doctor or other medical professional fails to follow standard policies and procedures when caring for a patient. When the actions of the professional result in some type of injury to the patient, this is generally considered grounds for filing a suit for medical malpractice in Iowa City IA. In order to pursue the suit, the best approach is to hire an attorney to handle the details and protect the client until the suit is resolved. Determining the Grounds

An attorney can evaluate the circumstances connected with the events and determine if there are grounds for filing a claim for Medical malpractice in Iowa City IA. This is important, since the case will not have much of a chance of resulting in a verdict in favor of the plaintiff unless there is strong evidence that the medical professional did not follow standard procedures and act in the best interests of the patient. Assuming that the events do indicate malpractice on the part of the health professional, the attorney can prepare a brief and file the appropriate paperwork with the court. At that point, the attorney will likely advise the client to have no further contact with the defendant, unless that contact takes place with legal counsel present.

Negotiating a Settlement

Many medical professionals carry what is known as malpractice insurance. What this means is that the insurance provider will often provide legal counsel for the defendant and also seek to enter into negotiations with the plaintiff. At this juncture, the attorney representing the plaintiff will seek to negotiate a settlement that would be considered equitable. In the best of circumstances, the two parties can reach a settlement agreement that includes the terms for tendering payment, and the suit can be withdrawn. When negotiation fails, then the matter will proceed to the court and ultimately be heard by a judge.

Representing the Plaintiff in Court

During the trial, the attorney from the Tom Riley Law Firm will have the opportunity to present the evidence that points toward medical malpractice. Any witnesses who can shed further light on the events will also be called to testify. After hearing the evidence, the judge will render a decision. Assuming the evidence is strong and the malpractice is proven to the satisfaction of the judge, the plaintiff will receive a judgment in his or her favor.

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