Are you Seeking Compensation for Medical Accident/Malpractice? – Read this!
Doctors, nurses, and other healthcare professionals are considered as God. They are respected with the highest regard as they treat people, save their lives, and aid to live better.
But, sad to say, these medical professionals holding great experience and caliber to help people in their recoup journey sometimes make huge blunders that cannot be revived.
On that note, hospitals are not perfect, as they sometimes make mistakes. When these mistakes rise to the level of medical malpractice, patients have legal rights to compensation for any resulting injuries.
While medical malpractice laws are created to protect the rights of patients who have been treated with substandard medical care, the first step in asserting those rights should be taken by the patients themselves.
Therefore, we’ve compiled this article to explain those steps in-depth in the context of a medical malpractice case against a hospital.
Common Medical Malpractice Cases
Before taking any action, know which cases fall under medical malpractice for which you can claim. Various possible circumstances involving medical ignorance can seriously affect patients and lead to medical malpractice lawsuits. Thus, the most common occurrences are:
- Diagnostic errors, which can lead to wrong treatment, eventually risking the patient’s life.
- Surgical errors, operating on the wrong side of the body.
- Failing to communicate accurately and fully during a shift change
- Nurse failing in providing the righteous care
- Overlooking symptoms of stroke or heart attack
- Administering the wrong medication or wrong dose
- Childbirth injury or pregnancy treatment errors
Important Factors to Consider before you Sue them
Claim Before The Statute of Limitations Deadline Exceeds
The huge mistake a patient can make is for waiting too long to file a medical malpractice complaint in court. Hence, the patients need to file legal claims as soon as possible. Although the time limits vary by the state government, they can be very short, as one year effective from the date the treatment mistake was made.
Acquire Medical Records
Any hospital in the US keeps all patients’ medical records for at least a few years after treatment. Upon request, the hospital provides copies of the records to the patient. Perhaps, hospitals may charge a fee for copying expenses but obtaining them is one of the much-needed factors for medical malpractice.
Decide Who to Sue
In complex medical malpractice cases, it is important to identify all potential defendants. While patients may sue a doctor or a hospital directly, other parties may be involved in the patient’s treatment. For example, a nurse might have made a mistake when administering medication, or an ambulance service could have failed to provide adequate care. That is why you need to decide whom to sue.
Comply With any Procedural Rules
Before filing a medical malpractice lawsuit, patients in most states have to follow a few procedural hoops. In some states, the plaintiff might be required to file an affidavit of merit in which a qualified medical expert attests that they have a valid case.
A patient may have to submit a claim to a medical review board before filing a lawsuit or agree to some form of pre-lawsuit alternative dispute resolution (ADR).
Make sure you can support your claim. For example, if you allege that the defendant failed to maintain a safe environment for patients, provide dates and details of instances where the harm occurred.
If you or your beloved family member, friends have been mistreated by medical negligence, you require a team of highly skilled trial attorneys backed up with relevant experience litigating and settling medical malpractice lawsuits.
And we’ve got a long record of successful cases, including huge compensation settlements and reimbursements to help a victim who has been suffering because of others’ negligence.