What To Do When Dealing With Medical Malpractice
A small percentage of deaths in America are a result of medical errors. Medical malpractice cases are for patients who have received poor treatment or a misdiagnosis from a medical professional, which falls under negligent and failed proper care.
Continue reading to discover what to do when dealing with medical malpractice. Hopefully, this will help you on your journey.
Understand How Long You Have To File a Claim
It’s important to understand how long you legally have to file a claim. Malpractice lawsuits are civil cases, so they do have filing time limits. The statutes of limitations require an individual to file their claim within a specific period after the malpractice occurred or from the time they noticed the injury. After this timeframe passes, you lose the ability to reclaim money for damages.
Each state has a different statute of limitations. Therefore, it’s essential that you know the timeframe for your particular state to avoid running out of time.
Contact the Involved Medical Professional
This phone call aims to gather information and understand what happened and how things went wrong. The doctor could offer to provide care free of charge. Most medical professionals are willing to help you out since they don’t want a medical malpractice claim on their hands. Ensure a call to the medical professional is the first step before you file.
Contact an Attorney
Preparing for a potential medical malpractice lawsuit is one of many reasons to contact a lawyer. These are incredibly complex cases, and a well-trained attorney can help you through the process. Find a personal attorney who has successfully handled malpractice cases before and sit down for a consultation to discuss your questions regarding the issue. This sit-down discussion will help you determine if the attorney is right for you.
Provide as many details as possible, even if the information seems insignificant. The attorney will assess the provided information and begin investigating the incident. They’ll contact you if they need any more information.
Consider Settling Outside of Court
Court cases can become time-consuming and costly. Fees can quickly add up, and the suit may become more trouble than it’s worth. Not to mention, medical malpractice insurance companies reject many malpractice claims.
Risk recovery at trial or settling outside of court may be in your best interest. Although, if you and your attorney believe you have a strong enough case, this option may not be ideal.
No person ever wants to deal with medical malpractice, but the above advice will help you navigate the process. If it comes to it, you’ll be in good hands with the right attorney.
