Medical malpractice occurs when a healthcare professional’s negligence or error causes harm to a patient. This can include a lot of incidents including misdiagnosis to surgical mistakes, improper treatment, or even failure to inform the patient of risks.
Filing a medical malpractice claim can be a very difficult and overwhelming process for those who don’t know the intricacies. However, it doesn’t mean you don’t obtain compensation for damages such as medical bills, lost wages, and emotional suffering.
Below in this guide, we have listed down some useful tips that will help you file a medical malpractice claim and ensure that you understand the legal process.
1. Understand What Qualifies as Medical Malpractice
Not all medical errors or unfavorable outcomes are considered malpractice. To have a valid medical malpractice claim, you must demonstrate that the healthcare provider’s actions were negligent and directly caused your injury.
This usually requires proving the elements such as the duty of care, breach of duty, injury, and damages due to malpractice.
It’s important to understand that just because a treatment doesn’t work or a patient doesn’t recover fully, it doesn’t automatically mean there’s medical malpractice. There needs to be clear negligence that deviates from the accepted standard of care.
2. Consult other Doctors to Document the Injury
Once you suspect medical malpractice, your immediate priority should be your health. Seek a second opinion from another healthcare provider or specialist to evaluate the harm caused by the original treatment. Doing this is important for two reasons.
Firstly, corrective treatment may be needed to address the damage caused by the initial malpractice. Secondly, having medical records from a different healthcare provider can serve as independent documentation of your injury and offer professional insight into what went wrong.
These new medical records will be important in proving your malpractice claim. They show the progression of your condition, the corrective measures taken, and how the original healthcare provider’s negligence impacted your well-being.
3. Obtain Copies of Your Medical Records
Your medical records are one of the most critical pieces of evidence in a medical malpractice claim. These records provide insight into the treatment you received, any tests conducted, medications prescribed, and the healthcare provider’s decisions.
To obtain your medical records, you’ll need to submit a formal request to your healthcare provider or the hospital where you were treated. Under the Health Insurance Portability and Accountability Act (HIPAA), you have the legal right to access your records.
Once you receive them, review the records for any errors or discrepancies and share them with your attorney.
4. Consult a Medical Malpractice Attorney
Navigating the complexities of a medical malpractice claim without legal representation can be overwhelming. Medical malpractice cases require expert knowledge of both legal and medical issues and if you want to hold negligent doctors accountable, you will have to work with an experienced attorney is crucial.
A medical malpractice attorney will help you assess the strength of your case, gather the necessary evidence, and navigate the legal system. They will also work with medical experts to build a solid case by reviewing your medical records, identifying negligent actions, and proving causation between the provider’s error and your injury.
5. Investigate the Statute of Limitations
Each state has its own statute of limitations, which is the time frame within which you must file a medical malpractice lawsuit. The clock typically starts ticking from the date the malpractice occurred or when the injury was discovered.
If you fail to file your claim within the statute of limitations, your case may be dismissed, and you’ll lose the right to pursue compensation. In some states, the statute of limitations is as short as one year, while others may allow up to three years or more. Make sure you are aware of your state’s specific deadlines and take action as soon as possible.
6. Work with Medical Experts
Medical malpractice claims require the input of medical experts to demonstrate that your healthcare provider deviated from the accepted standard of care. A qualified expert will review your medical records and offer an opinion on whether the treatment you received was negligent.
Medical experts are essential because juries often rely on their testimony to understand complex medical issues. An expert’s opinion can help demonstrate that the healthcare provider’s actions were not just unfortunate outcomes, but breaches of their professional duty.
Your attorney will usually have a network of medical experts they can consult to strengthen your case and provide testimony in court if necessary. So, make sure to find an attorney who offers these services.
7. Calculate Your Damages
When filing a medical malpractice claim, you must quantify the damages you have suffered as a result of the healthcare provider’s negligence. This includes both economic and non-economic damages:
Economic damages: These are quantifiable losses, such as medical bills, rehabilitation costs, lost wages, and the cost of future care. Keep all receipts and records related to your medical expenses and loss of income.
Non-economic damages: These refer to intangible losses, such as pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement. Although harder to calculate, non-economic damages are a vital part of medical malpractice claims.
Working with an attorney and medical experts can help you accurately calculate your damages and ensure that you are pursuing fair compensation for your losses.
8. Be Prepared for a Lengthy Process
Medical malpractice cases often take time to resolve. From gathering evidence and expert testimony to negotiating with insurance companies or pursuing litigation, the process can be lengthy.
It’s important to manage your expectations and remain patient throughout the process. Your attorney will keep you updated on the progress of your case and advise you on the best course of action. While it can be frustrating to wait, rushing into a settlement could result in less compensation than you deserve.
By following these strategies and staying engaged in the process, you’ll ensure that you have the information needed to build the strongest case possible and secure the compensation you deserve.