10 Most Important Things To Know When Filing A Medical Malpractice Claim

Medical malpractice is negligence on the part of a healthcare professional that may result in death, injury, or bodily harm. Thousands of people fall victim every year. Even though it is common, there is a lot of misconception surrounding medical malpractice. The following are some of the most important things to know:

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1. The Statute of Limitations Is Real

You have limited time to file your medical malpractice case. Every state has a statute of limitations that may bar you from filing a malpractice case after a specified period. Since it varies from one state to another, you should check with your lawyer as soon as possible. Taking action early gives you more time to prepare for your case.

2. You Must Meet Certain Requirements

You have to meet specific requirements to qualify your case as medical malpractice. Your lawyers must be able to prove that:

  • There was a doctor-patient relationship between you and the healthcare provider. They may need to prove that you hired the doctor.
  • You were injured or harmed in some way.
  • The healthcare professional was negligent with regard to your diagnosis and treatment.
  • The healthcare professional’s negligence was the cause of your harm or injury.
  • Your injury caused specific damages. Your attorney must prove that your injury and the doctor’s negligence led to mental anguish, physical pain lost earning capacity, or additional medical bills.

3. It Isn’t Always Evident

Medical malpractice may not be apparent from the start. In some instances, you may need to wait a few days or weeks for the signs to start showing. In the event of misdiagnosis, for example, you may not know about it until you get the right diagnosis.

4. You May Qualify for Compensation

If you have been the victim of medical malpractice, you may be eligible for compensation. You do not need to go through the pain and mental anguish alone. Every patient has the right to appropriate medical care, and if you do not receive it, your attorney may help you pursue compensation. Seek legal help as soon as you realize that your medical professional has caused injury or harm.

5. You Don’t Need to Go to Court

With medical malpractice cases, you don’t always have to go to court. Many of the cases are settled out of court. Out-of-court settlements are quick and convenient. They are a good option when you don’t have strong evidence. Your medical malpractice lawyers will ensure that you get as much compensation as possible. Additionally, they will help you understand every step of the process.

6. Dissatisfaction Does Not Count

Being unsatisfied with your experience or medical outcome does not qualify as medical malpractice. You can only have a legal, medical malpractice case if you suffered injury or harm because of a medical professional’s actions or negligence. You need to prove that their actions or inactions were below the accepted standards of care.

7. There Are Various Types of Medical Malpractice Cases

There is a wide range of medical malpractice cases. They include medication errors, wrong diagnosis, childbirth injuries due to negligence, delayed diagnosis, anesthesia errors, and surgery errors. You have a malpractice case if your injury is a result of negligence or a mistake made by your healthcare professional.

8. Settlements Aren’t Always Quick

Your medical malpractice cases may not be as quick as you would like. Most of them are long, complex, and tiring. You need time to gather evidence, get testimonies, and prepare for the case. Your attorney needs to prove beyond a reasonable doubt that your medical professional’s actions or inactions fell below the acceptable standard. They need to prove the severity and cause of your injuries as well. Determining the amount you receive as compensation may take some time as well.

9. You May Go Through a Review Panel

Many states require you to submit your malpractice case to a review panel before filing your claim. The panel reviews your evidence, listens to your testimony, and decides if malpractice really occurred. Even though the review panel cannot give you any awards, you have a stronger case if they agree that malpractice occurred.

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10. You Need Your Medical Records

You must obtain your medical records before filing your claim. No piece of evidence could help your medical malpractice lawsuit more than your medical records. Request your records as soon as you suspect that you may have a case. Your attorney will use them to build a case.

If you have any questions or concerns about your medical malpractice case, seek the opinion of an attorney. The right attorney will answer your questions and ensure that you get the compensation you deserve.

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