While the majority of healthcare services aim to provide the highest standard of care, there are times when things can go seriously wrong. Approximately 200.000 patients in the US die annually due to medical errors. If medical negligence harms you or a loved one, you may be entitled to compensatory damages under a medical malpractice claim.
Proving medical malpractice is not easy. Consider working with established law firms, such as the Tinker Law Firm PLLC, to pursue a claim against the responsible doctor, nurse, or hospital. They can help you obtain medical records, negotiate a settlement, or prepare evidence to pursue a civil case.
Before following through with a medical malpractice lawsuit, here is what you need to know.
Table of Contents
1. Establish a Medical Malpractice Claim
You may have been a victim of a medical malpractice case if you have suffered due to a medical misdiagnosis, surgical negligence, a prescription error, or a birth injury.
You need to establish four main components in order to successfully pursue your claim:
- Prove that there was a patient-doctor relationship between you and the medical practitioner.
- Prove that the doctor or health care worker was negligent.
- Show that you sustained injuries due to that negligence.
- Prove that you incurred losses due to the injuries.
2. Gather the Evidence You Need
You need evidence to present a compelling case. Obtain your medical records to allow an expert to review them and determine if the care was negligent. Medical bills can establish the number of expenses you incurred due to malpractice, while payslips can prove the amount of income you lost. You will also need experts and witnesses to testify on your behalf. Testimonies from friends and family can show how the injury affected your life, and testimonies of medical professionals will elaborate on whether the healthcare worker acted negligently.
3. Statute of Limitations
While filing a case, knowing how much time you have to bring the claim legally is essential. All civil claims, including medical malpractice, have time limits. These are statutes of limitations. You need to see the statutes of limitations in your state for filing your claim is active. Otherwise, You cannot bring your case to court and recover reparations for your losses.
4. An Out-of-Court Settlement
A medical malpractice case can be costly, and you might not be able to pay for litigation as a victim if your attorney does not settle on a deferred payment. Insurance companies also reject a large portion of malpractice claims. It may be best for you to consider an out-of-court settlement.
However, if you believe your case is strong, you can seek a trial against the relevant entity. In such a scenario, a medical malpractice law firm can play a vital role as they have the resources and time to investigate your case thoroughly.
5. Claim of Compensation
As medical malpractice can cause serious harm, you need adequate compensation. There are no longer limits to the amount a victim can be awarded.
Your compensation will depend on how strong your case is and how gravely hurt you are. You will receive reparations for your medical bills, loss in wages, cost of hiring your lawyer, and emotional distress caused. You will also be offered compensation for the possibility of any long-term disability.
Medical malpractice lawsuits have complicated rules and regulations that vary with the state you live. In case of any injury due to medical negligence, it is crucial that you speak with a medical malpractice attorney to relieve you of paperwork burdens. They know the law will help you understand the evidence required and make you a solid case.