Medical negligence refers to improper treatment by healthcare professionals that may cause injuries and harm to patients. Medical negligence may include incorrect treatment, misdiagnosis, surgical errors, prescription errors, pregnancy and birth injuries, etc. Medical negligence is complicated, but the right medical and legal expertise can make the process easier.
In order to prove that you have been a victim of medical negligence, you need other medical professionals to assess your situation and state that a case of medical malpractice has caused an injury or harm to you.
If you are planning to file a claim, here are the five crucial steps you need to follow.
Duration to file the negligence claim
Generally, the time limit for filing a negligence claim is 2–3 years from the date of injury. This time limit varies from one country to another. However, there are exceptions to the time duration, so it is best to act quickly and within the time limit for better medical negligence claim filing results. A professional medical attorney can help you understand the time limit for filing a negligence claim.
Gathering the medical records
Mat Rezaei, Pharm.D and Founder of online pharmacy – UPGUYS The most critical step in filing a negligence claim is getting a complete copy of all your medical records from the hospital or clinic where you were being treated. The medical records will play a key role in investigating a probable case and claiming medical negligence. You can either gather the medical records on your own or get an attorney to do it on your behalf.
Approaching a professional and expert medical negligence attorney
Medical and legal expertise will ensure complete peace of mind when filing a medical negligence claim. It is crucial to seek help from your case’s best medical negligence attorney. They will first prepare a detailed report of your case and ask you for a detailed account of the happenings. The attorney will also prepare a chronological list of events as they happen and write down the dates and the names of all parties involved, including the hospitals, clinics, and doctors. Nowadays, most plaintiffs opt for the “No Win No Fee” agreement to fund their claims when approaching a medical negligence attorney. This agreement means that you won’t be required to pay anything upfront as fees. You will only pay the fees if your claim is successful. The fees will be recovered from your adversary.
Proving a breach of the duty of care to win the case
In order to win a medical negligence case, you need to prove that there has been negligence on the part of the medical professional. Every doctor or healthcare professional has a specific duty of care toward a patient. If this duty of care has been breached, it amounts to negligence by the doctor or any other healthcare provider. If you have received substandard medical treatment or an unacceptable standard of care from the hospital or doctor, it is an act of negligence and can act as a valid point for your case.
The amount of compensation that you will receive
If your medical negligence claim is successful, you will be entitled to receive medical negligence compensation. This will vary from case to case. The claim amount will depend on the extent of the pain and suffering that you have gone through rather than the degree of medical negligence involved.
Suppose you are planning to file a medical negligence claim. In that case, it is not a good idea to file it independently. Medical and legal expertise will make the claim filing process smooth, convenient, and accessible.