Steps To Take When Filing a Medical Malpractice Claim
Personal Injury Lawyer
If you believe a doctor injured you while you were under their care, your next step is likely to begin filing a medical malpractice claim. You can make these claims against any number of medical workers, including doctors, a technician, the hospital, or even a nurse. It is imperative to keep in mind that when you file a claim, you are setting out to prove that the defendant failed to provide you with the proper care or they treated you negligently in some way, and that another similar medical provider would have treated you in a different way. Below, you will find the steps you should take when you begin filing your claim.
What Are Common Examples Of Medical Malpractice?
There are several common examples of medical malpractice. Some of these are:
- Birth Injuries. A birth injury can happen to the child or the mother. These may be spinal cord injuries, cerebral palsy, or nerve damage.
- Misdiagnosis. A doctor can also misdiagnose their patient. Unfortunately, a misdiagnosis can lead to worsening of an illness, prescribing incorrect medications, and even death.
- Surgical Errors. The surgical team may have left tools inside your body when they performed your surgery, and this can lead to further complications like infections and illnesses.
Seeking Help From an Attorney
While you can file a claim on your own, an attorney who has worked on previous medical malpractice cases can offer you valuable advice on what steps you should take before filing your claim. They can also gather the appropriate evidence to prove the medical professional acted negligently, and they can even provide outside, third-party experts to help strengthen your case.
Speak With the Medical Professional
In some cases, depending on the circumstances surrounding your visit to the doctor’s office, you may choose to first contact the medical professional involved to see if they can explain to you what went wrong. Remember, doctors cannot guarantee medical results or healing, however, if something is reversible, they may be able to correct a mistake without the need to file a medical malpractice claim. In other cases, they may refuse to speak with you, or it may be obvious that a medical claim is the best way to seek results.
Determine Your Statutes Of Limitations
There is always a certain time limit for bringing forth a medical malpractice claim. Your attorney can be particularly helpful in showing you how long your state allows you to file your claim after the injury occurred. If you do not file in time, you may unintentionally be giving up all rights to compensation for these injuries.
What If They Want To Settle Outside Of Court?
Many times, a hospital or the medical professional involved may wish to settle your claim outside of court. When this is the case, it is best to speak with your attorney before accepting any settlement. Your attorney can determine if the insurance company is giving you a fair settlement.
It can be scary taking on a medical facility or doctor when you believe you are the victim of medical malpractice, but this should not discourage you. Set up a consultation with a medical malpractice attorney Naperville, IL offers today who will work hard to get you the compensation you deserve after medical malpractice.
Thank you to our friends and contributors at The Law Offices of Konrad Sherinian, LLC for their insight into medical malpractice and steps to take for filing a suit.