How To Start Filing A Medical Malpractice Claim

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There are a couple of different injury-related cases that can be handled without the need for legal intervention. However, medical malpractice is not one of these as they are pretty complicated situations.

If, however, the medical malpractice incident has resulted in an injury, health complication, or even a financial loss, you might be entitled to pursue some form of financial compensation.

This is when getting the right type of support and advice is very important. At this stage, it is highly recommended you consult with an experienced and relevant medical negligence lawyer. You can use the TruLaw.com site to find the best lawyer for your specific case.

Read on if you would like to learn more about how to do this.

What Is Medical Malpractice?

Often referred to as medical negligence, medical malpractice occurs when a general practitioner, hospital, or other healthcare provider makes a costly error that results in injury, harm, or even death.

Dissatisfaction with the outcome of treatment or an unfavorable outcome does not automatically translate to medical malpractice. It’s only considered as such when it causes direct injury or harm to a patient.

Grounds For A Medical Malpractice Case

For a medical malpractice claim to be considered, it must be proven that:

  • The patient’s injury resulted from malpractice
  • A healthcare professional neglected to provide a standard of care for a patient
  • The harm caused by malpractice has resulted in a lot of suffering

Examples of Medical Malpractice

If you or a loved one has suffered as a result of treatment or actions at the hands of a medical professional, you might have the means to create a medical malpractice case. This might include any of the following factors:

  • Birth Injury – if a mother and baby receive poor care during childbirth, or the medical staff has not recognized serious medical conditions, it may result in a birth injury.
  • Surgical Negligence – this occurs when a surgeon has performed incorrect surgery on a patient, causing more harm in the long run.
  • Prescription Error – this happens when medical professionals prescribe the wrong dosage for a client or the wrong medication altogether.
  • Medical Misdiagnosis – if a medical professional cannot diagnose or identify a patient’s symptoms, or provides an incorrect diagnosis to the patient.

How To File A Claim For Medical Malpractice

1. Complain to the Relevant Board

If it is applicable, you might be able to make a complaint directly to the healthcare provider or hospital before proceeding with a medical malpractice claim. This will help to investigate exactly what went wrong and work out who the responsible parties are.

In some circumstances, this may trigger insurance coverage and an internal review, meaning you can settle the claim before filing a lawsuit. Yet in some states, a complaint is a prerequisite before the matter moves to court.

2. Speak To A Lawyer

If you aren’t getting anywhere with your claim, or want to take it further, you should then contact a lawyer for a free consultation. They will ask the right kinds of questions and assess the evidence that you have collected, and will then advise you on whether you have a solid case or not.

Your lawyer will then work through your case to see if you have everything that is required to form a case for medical malpractice.

3. Gather Evidence

You will need medical records to prove that medical negligence has occurred. Your lawyer will likely orchestrate this, and it might include having x-rays done, a physical examination, and the copying of doctor’s notes.

This information will then be compiled into a document to be presented in court.

4. Case Is Taken To Court

The final step is the drafting and filing of the complaint in court. This is a formal recitation of all allegations against the relevant medical professional. After the complaint is officially filed, the lawsuit will truly begin.

If the correct evidence and documentation have been filed, and your case is successful, the court will award you the correct amount of compensation for your claim.

Is There A Time Limit For This Claim?

We’d strongly recommend making your claim as close to the date of the medical malpractice as you can. But, generally, you have three years to make a medical malpractice claim.

Summary

Filing a medical malpractice claim can seem scary but provided you enlist the right type of legal help, it truly won’t be too difficult! A trusted legal professional can help you to ensure that you have all the information needed to make a strong case.

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