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What happens after a patient files a medical malpractice claim

You may feel scared and unsure after filing a medical malpractice claim. The next steps will be reviewing your case with a lawyer, filing an official complaint, and getting all the needed proof. When you work closely with your attorney, your journey toward compensation will be much easier. According to the National Center for Biotechnology […]

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You may feel scared and unsure after filing a medical malpractice claim. The next steps will be reviewing your case with a lawyer, filing an official complaint, and getting all the needed proof. When you work closely with your attorney, your journey toward compensation will be much easier.

According to the National Center for Biotechnology Information, around 400,000 hospitalized patients experience preventable harm each year. A lot of people are living with pain because someone they trusted with their health wasn’t careful.

Patient legal rights allow you to claim compensation if you find yourself in such a situation.

What Are the Most Common Medical Malpractice Claims?

You’ll be able to tell where your situation may fit within the medical claims process once you learn about common claims. Most people go to court due to:

  • Being wrongly diagnosed
  • Medication errors
  • Not getting treatment
  • Suffering birth injuries

If a nurse overlooks changes in vital signs, their mistake can turn into life-threatening events, for which you may be able to sue them.

What Are the 4 Elements of a Medical Malpractice Claim?

Missing an element in the medical claim process can make it harder to win your case. Each of the four parts is important when you’re trying to prove that you deserve to be compensated.

1. Duty of Care

Nurses and doctors in Washington and across the US agree to be responsible for your care once treatment begins. Whoever you file a claim against must be someone who owes you professional care. They must act with:

  • Skill
  • Attention
  • Caution

Listening to your symptoms and asking questions about your health is part of the duty of your medical care provider.

2. Breach of Duty

Failing to offer the care you should get means a specialist hasn’t met their duty. A breach happens when your treatment falls below what other experts in the same field would consider the accepted standards.

Many Paul da Costa medical malpractice cases often involve comparing what your doctor did against what others normally do.

3. Causation

You need to prove that the mistakes of someone else led to an injury when navigating claims. Show causation by presenting the court with:

  • Medical records
  • Timelines
  • Expert opinions

4. Damages

You may start suffering in many ways when a healthcare provider breaches their duty of care. Some effects may show up immediately, and some may take years. Common damages are:

  • Lost wages
  • Medical bills
  • Stress
  • Physical pain

Don’t just think of your damages in terms of physical injuries or the money you spent on treatment. A doctor’s negligence can also cause emotional pain or make your relationships suffer. Each of these things should be part of your claim.

Legal Processes Explained: Stages After Filing a Medical Malpractice Claim

You’ll follow several post-claim steps as you seek compensation and recover from harm. The process becomes less overwhelming when you have a lawyer by your side.

Initial Case Review

Lawyers need to look at your medical records when taking your case. Important things they’ll consider are:

  • Test results
  • Charts
  • Notes

Tell your lawyer about when you noticed something was wrong so they can use the information to create a timeline.

Formal Complaint Filing

The defendant will get a notice and start working on their response once your lawyer files a complaint. A complaint is an explanation of:

  • The mistakes made
  • Injuries suffered
  • Who is responsible

Discovery Process

You need to answer questions under oath during a deposition. It’s part of the discovery process.

The questions may be about what you experienced. Discovery allows both sides to share information with each other.

You can take a break when you feel stressed or triggered during a deposition. Work with your lawyer to prepare and know the questions to expect so you can answer them in the best way.

Expert Review and Opinions

Judges and jurors may not understand complex medicine. They can tell what went wrong and what should have happened instead based on experts’ opinions.

Experts help them know about the proper standards of care. You’ll have a better chance of proving you didn’t get the best treatment by getting opinions from people trusted in the medical field.

Settlement Talks

You won’t always need to go to trial to get compensation because you can settle after negotiating with the other party.

Trials are often stressful for patients, so lawyers often do their best to avoid them. You can always accept or decline an offer if you feel it doesn’t match the harm you suffered.  

Trial Proceedings and Compensation

Trying to settle out of court may not always work out. Your lawyer will organize the evidence and witness list and present them in court.

Judges or juries use the evidence to decide responsibility and the compensation you can get. Have a good support system when you go to court because you’ll need to be emotionally strong.

Frequently Asked Questions

How Long Does a Medical Malpractice Case Take?

It depends. A less complicated case can take less than a year.

Going to trial or dealing with a lot of medical complexities prolongs a case. You’ll be aware of what’s happening at each stage and have peace of mind if you have a good lawyer representing you.

How Much Money Can a Claim Provide?

The amount varies. Ensure you talk about all the damages in your case instead of just the obvious ones. The harm you suffered influences how much you get.

Having an expert predict the treatments you’ll need in the future allows you to get better compensation.

Will a Claim Affect My Ongoing Medical Care?

No. You might worry about the kind of treatment you’ll get in the future because you have a case in court.

Many hospitals will assign you to a new expert, so you can have peace of mind. You can always get a new provider and continue with your care plan.

Navigate Medical Malpractice Claims With Less Stress

Filing a medical malpractice claim is important if you didn’t get the best care. Medical records help you prove negligence and timelines.

A lawyer will offer the guidance you need when filing a claim or preparing for depositions. You should still continue to get any needed medical care if you want to build a better case. Check out our news page for guidance on legal processes.

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#NNPA BlackPress

COMMENTARY: Jim Crow 2.0 at the Pentagon

BLACKPRESSUSA NEWSWIRE — The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.

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Photo: iStockphoto / NNPA.

Pete Hegseth insists that he is restoring “merit” to the United States military. But after months of dismissals, blocked promotions, and ideological purges, the evidence tells a different story. His campaign against so-called “diversity, equity, and inclusion” has become something far more dangerous: an assault on equal opportunity that falls with particular force on African Americans, while also targeting women, Latinos, gay Americans, and transgender service members.

The latest example is both troubling and infuriating.

Once again, Defense Secretary Pete Hegseth has reportedly blocked the promotion of an exceptionally qualified woman—Rear Admiral Amy Bauernschmidt. Bauernschmidt is no ordinary officer. She became the Navy’s first woman to command a nuclear-powered aircraft carrier, one of the most demanding leadership assignments in the world. Her career reflects decades of exemplary performance, operational excellence, and leadership under extraordinary pressure.

Yet once again, a distinguished military career appears to have been subordinated to an ideological agenda masquerading as “merit.”

I call BS!

The American people are expected to believe that one extraordinary officer after another suddenly fails to meet some undefined standard of excellence. We are expected to ignore impeccable service records while accepting that political appointees alone possess the wisdom to determine who is worthy of advancement.

The pattern has become impossible to ignore.

General Charles Q. Brown Jr., only the second African American to serve as Chairman of the Joint Chiefs of Staff, was dismissed despite a career that placed him among the most accomplished military leaders of his generation.

Admiral Lisa Franchetti, the first woman ever to serve as Chief of Naval Operations, was removed despite decades of distinguished command experience.

Reports have documented interventions that blocked or delayed the promotions of Black officers and women selected through the military’s rigorous promotion system.

Now Rear Admiral Amy Bauernschmidt joins the growing list of highly accomplished officers whose careers have been derailed for reasons that have never been persuasively explained.

Where is Congress?

Its silence has become deafening.

Congress has an independent constitutional responsibility to oversee the armed forces. Instead, too many lawmakers have watched silently while one of the nation’s most respected institutions is subjected to ideological litmus tests and political interference.

This is not military reform.  It is testosterone-fueled performative masculinity disguised as a philosophy of military excellence.

The irony is impossible to miss. Hegseth repeatedly invokes “merit,” yet his rhetoric begins with the assumption that Black officers, women, and other historically excluded Americans must somehow justify their achievements in ways that white male officers are rarely required to do.

That is not meritocracy.  It is prejudice wrapped in patriotic language.

No one is asking that anyone be promoted because of race or gender. Americans simply expect that promotions be based on demonstrated competence, leadership, integrity, and service. The officers being targeted have already proven themselves repeatedly under one of the world’s most demanding evaluation systems.

Their records speak for themselves.

The attack on African American military leadership has been especially pernicious.

For generations, Black Americans fought in segregated units, earned decorations while denied equal treatment, and repeatedly demonstrated loyalty to a nation that often failed to extend them full citizenship. They broke barriers not because standards were lowered but because excellence finally overcame institutional discrimination.

Today’s campaign against “diversity” threatens to revive old assumptions under new slogans.

The implication that Black generals and admirals somehow owe their success to affirmative action rather than extraordinary performance echoes some of the ugliest stereotypes of the Jim Crow era. Yesterday’s segregationists claimed Black Americans were inherently less qualified. Today’s culture warriors simply employ more politically acceptable language while inviting the same suspicion about Black achievement.

That is why Hegseth’s campaign increasingly resembles Jim Crow 2.0.

The targets may now wear stars on their shoulders instead of military patches on segregated uniforms, but the underlying message is hauntingly familiar: Black excellence is presumed suspect, while white excellence is presumed earned.

America’s military became the finest fighting force in history because it opened its doors to talent wherever it could be found. It grew stronger after President Truman desegregated the armed forces. It became stronger when women assumed greater command responsibilities. It became stronger when every qualified American was given the opportunity to serve to the fullest extent of their abilities.

Diversity is not a concession.  It is a strategic advantage.

The nation’s adversaries do not fear an American military because it is racially homogeneous. They fear it because it draws upon the talents of more than 340 million Americans whose diverse experiences, perspectives, and abilities make our armed forces unmatched anywhere in the world.

Every politically motivated dismissal of a distinguished officer sends a chilling message throughout the ranks: excellence alone may no longer be enough if you belong to the wrong demographic group.

That weakens morale.  It weakens recruitment.  It weakens retention.

And ultimately, it weakens national security.

Pete Hegseth has every right to pursue military readiness. He has no right to redefine merit in ways that repeatedly cast suspicion upon the accomplishments of Black officers, women, and others who have devoted their lives to defending this nation.

America deserves better.  The men and women who wear the uniform deserve better.  The Constitution deserves better.

And unless Congress finds the courage to exercise meaningful oversight, history may well remember this period not as a restoration of military excellence, but as the moment political ideology attempted to resurrect, in modern form, the old poison of exclusion.

Jim Crow did not strengthen America.  Jim Crow 2.0 will not strengthen America’s military.  It will only diminish it

Wade Henderson
Strategic Advisor
Civil and Human Rights
wade@wadejhenderson.com

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New Judge Could Decide if Karmelo Anthony Gets a New Trial

By Emilie St. John (Contributor) Karmelo Anthony will return to court next month in his first step to overturn his murder conviction. Anthony was found guilty last month in the stabbing death of Austin Metcalf and sentenced to 35 years in prison. His new legal team has filed motions seeking the recusal of State District […]
The post New Judge Could Decide if Karmelo Anthony Gets a New Trial appeared first on BlackPressUSA.

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By Emilie St. John
(Contributor)

Karmelo Anthony will return to court next month in his first step to overturn his murder conviction.

Anthony was found guilty last month in the stabbing death of Austin Metcalf and sentenced to 35 years in prison. His new legal team has filed motions seeking the recusal of State District Judge John Roach Jr. from overseeing the appeals process.

Two hearings have been scheduled on the motion for Aug. 9 and 10 in the Collin County Courthouse in McKinney, Texas, according to Fox4 News.

On July 14, Senior Judge Sid L. Harle of the 226th District Court was assigned to preside over the defense’s motion to recuse Collin County Judge John Roach. The assignment took effect immediately and authorized Harle to handle all matters related to the recusal request, the filing read. 

The Collin County District Attorney’s Office continues to defend its handling of the case by issuing a statement to NBC 5 DFW.

“The defendant’s new lawyers have filed a motion containing several inaccurate characterizations of the trial proceedings. The entire prosecution team and I conducted this trial ethically and in full compliance with the Court’s rulings and any agreements with defense counsel. We look forward to addressing these claims thoroughly in a Court of law in the coming weeks. The jury heard extensive evidence over the course of the trial and returned a unanimous verdict. We remain confident in that verdict and the fairness of the proceedings.” 

Anthony’s new legal team, made up of appellate, civil rights, and criminal defense attorneys, was retained following Anthony’s conviction.

“Our responsibility is to determine whether a legal error occurred and to ensure that every issue supported by the record is fully and vigorously presented on appeal,” the team said in a statement.

“We recognize the profound loss suffered by one young man’s family and the uncertainty facing another, and we extend our respect to everyone whose lives have been forever changed by these events,” the release reads.

Anthony was charged with the stabbing death of Austin Metcalf during a track meet in Frisco, Texas, April 2, 2025. Anthony has long maintained it was an act of self-defense.

The attorneys are representing Anthony pro bono. The nearly 200-page notice of appeal seeks a new trial because his Sixth Amendment right to a public trial was violated.

“The cumulative and practical effect of these provisions was to exclude members of the public from proceedings at every stage,” the filing reads. 

The filing also focused on an alleged “handshake deal” that kept Anthony from taking the stand in his defense.

The defense filing said the agreement was that the jury would not hear that Metcalf and his twin brother had been accused of racism and bullying in the past. In exchange, they also would not see Anthony’s cellphone records or his school disciplinary record, according to court documents reported by the Dallas Morning News.

Anthony’s former defense attorney, Mike Howard, said the defense relied heavily on that deal. The team chose not to ask certain questions of witnesses or call on a separate expert witness based on that agreement. It also abandoned plans to introduce testimony and evidence about the allegations against Metcalf and his brother.

Appellate attorney Russell Wilson is now handling post-trial proceedings and Anthony’s appeal.  He recently sat down for an interview, stating, “The court committed multiple errors during the June murder trial, preventing him from receiving a fair trial.”

“You know, we file motions that we expect to prevail on, but we understand that there’s two sides to every story. And at the end of the day, it’ll be a judge that has to make these decisions, but we feel confident in the positions that we’re taking,” Wilson said during an interview with WFAA. “There were substantial issues that we thought a reviewing court needed to look at. We thought these were constitutional irregularities, and we could have them addressed now. And so, we put them into a motion for a new trial.”

Bree West, a former Dallas County Assistant District Attorney, found it startling that so little time was given to Anthony’s team for such a serious “life or death” situation.

“I do think that it’s really challenging that potentially a court decided that you have 10 minutes to make that level of decision when it has the potential of being life-altering,” said West during an interview with Fox 4 News.

Judge Harle is no stranger to high-profile cases, having presided over the prosecution of a police officer charged in connection with the 2022 mass shooting at Robb Elementary School in Uvalde.   

Anthony was convicted on June 9 of the murder of Austin Metcalf and sentenced to 35 years in prison.

The post New Judge Could Decide if Karmelo Anthony Gets a New Trial appeared first on BlackPressUSA.

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COMMENTARY: LSMFT! Lord Save Me from Trump!

WESTSIDE GAZETTE — The author criticizes Donald Trump’s rhetoric, noting his use of terms like “Dumbocrats” and “Communist” to describe Democrats and democracy. The column asserts that Trump’s current strategy involves creating doubt about midterm elections due to a lack of Republican agenda.
The post COMMENTARY: LSMFT! Lord Save Me from Trump! appeared first on BlackPressUSA.

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Frankly Speaking

Wow! Wow! Wow! The swamp drainers have truly stepped down to new levels of stupidity. You remember Weapons of Mass Destruction? We now have Weapons of Mass Distraction. Trump has introduced Dumbocrats and Communists into the conversation about Democrats and Democracy.

Trump lies so much, and his current strategy is to set up doubt about midterm elections because he and Republicans have no agenda!

He has no “Trump “ card, but Iran has a strait! He called it a skirmish; it’s now a War. He said five days; now it’s five months. He said few casualties; now it’s 18 deaths. He knew nothing about Project 2025 but hired its architects! Trump lies about the lies and often forgets these little inventions called cameras and phones

We see and hear and then see and hear the inconsistencies.

I didn’t like 45 and dislike 47 even more!

The post LSMFT! Lord Save Me From Trump! appeared first on The Westside Gazette.

Based on reporting by Westside Gazette.



The post COMMENTARY: LSMFT! Lord Save Me from Trump! appeared first on BlackPressUSA.

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