If you were the victim of a medical mistake, you may want to file a claim for medical malpractice. But these are complex cases, so you need to follow some essential tips we outline below.
However, let’s take a brief look first at the most common types of these cases:
- Wrong site surgery
- Not correctly explaining a medical procedure
- Improper surgical technique
- Failure to diagnose a medical condition
- Improper treatment
- Prescription errors
- Anesthesia errors
- Birth injury cases
You will need to show that the medical provider deviated from the standard of care in your treatment. In most of these cases, you will need an expert witness to testify to this fact. The doctor needs to be trained in the same field as the doctor or surgeon who worked on you.
Talk to the Doctor
The first step is to speak to the medical professional who provided the service, and you should do so before you file a claim. The idea is to gain an understanding of what happened during the procedure and whether the doctor can remedy the situation.
Most medical professionals want to avoid the hassle of a lawsuit because of the costs and the questions that get raised by employers and licensing bodies.
The doctor or surgeon may be willing to provide free services to correct any mistake or oversight. It is usually to the doctor’s benefit to try to correct the situation before it goes further. Make sure you give the doctor the opportunity to correct the situation where possible.
Contact the Licensing Board
If talking to the doctor doesn’t do anything, the next step is to contact the medical licensing board that licensed the medical professional. The licensing board can’t usually make the doctor pay you, but they can issue a warning or take other disciplinary actions.
The licensing board also can tell you if the doctor has had violations or problems before, and advise you on next steps.
See How Long You Have to File
If you want to file a medical malpractice action, you should find out how long you have to bring a lawsuit. Civil claims always have time limits for when you can sue. The limit is called a statute of limitations, and you may need to file your claim within one to four years.
You should verify what the statute of limitations is in your state to ensure you have enough time to file.
Have a Medical Evaluation
The next step is to be evaluated by another medical professional. This is because your state may have you file a certificate of merit to be eligible to file a claim. The doctor will go over your medical records and show that the other doctor didn’t follow customary medical practices, which led to your injury.
Your medical malpractice attorney files the certificate of merit with the relevant court, and this shows that you have a case.
Consider a Settlement
A medical malpractice lawsuit can cost a lot of time and money. That is why most of these cases are settled before a trial. Also, because insurance companies often reject medical malpractice actions, it could be best if you settle the case or you may not even have a case.
But if you think you were seriously injured and deserve more compensation, you should try to get the biggest settlement you can.
Finding a skilled medical malpractice lawyer can be the difference between getting paid for your injuries and suffering and walking away with nothing. A skilled attorney can review your case and determine if you have a possibility of getting compensation.