You or your family just went into routine surgery, nothing to worry about. Except they didn’t come out the same. The doctor made a decision that resulted in unneeded injury and refuses to admit he made a mistake.
What now? Your family is saddled with extra debt you can’t afford, and you can’t see a way out! There is a way out, and if you keep reading, you’ll learn all about medical malpractice, what it is, and how it can help you!
Table of Contents
What Is a Medical Malpractice Lawsuit?
Medical malpractice happens when a doctor or other medical professional does something unreasonable under the circumstances. This is something another doctor would not have done in the same situation. If an injury, mental or physical, results then it is medical malpractice.
A medical malpractice lawsuit happens when the injured party retains a lawyer, and a review panel reviews your case and then sues for damages. Typically, a Medical Malpractice Attorney is retained for the lawsuit. They have the most experience in medical lawsuits.
If you have a claim, file it as soon as possible. Medical cases like this have a statute of limitations, or the time limit to file your claim, on them. The most common statute limits you to one year after you discover your injury.
2. Medical Records
Getting your medical records as soon as you learn about your injury is an important part of your case. Often these are the only way a medical malpractice attorney can show evidence of malpractice. Between your records and a malpractice case screening, this is how you build your case.
3. The Right Type of Lawyer
When looking for medical malpractice attorneys, you want to ask them some pointed questions to make sure they are right for you. You want to ask about their case history. Do they have a high win/loss ratio?
You want to ask if there is any hidden conflict of interest and if they have ever been sanctioned for attorney misconduct. Ask if they have ever practiced in the same courthouse that your case will be in. Finally, make sure the medical malpractice lawyers have the resources to pursue this case.
4. Prepare for a Long Fight
Medical lawsuits are often measured in years, given that doctors and hospitals have more money to throw at the problem than you do. You need to listen to your lawyers when they tell you if your case is worth the time and energy to fight. If you decide to take the fight forward, then they can guide you through the long process.
5. Medical Assessment
On top of the review panel, you need to get a medical assessment. This is done by a doctor unrelated to the one involved in the claim. If they determine that your injuries result from medical malpractice, they will issue a certificate of merit. The certificate is then filed on your behalf by your medical malpractice attorney.
When a doctor or hospital makes a mistake, it’s the patients that pay the price. If you think your doctor made a mistake that adversely affects you or your family, talk to a medical malpractice attorney. They’ll let you know what is medical malpractice, and how to go about the steps to correct it.
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