How to File For a Medical Malpractice Claim

When you visit a hospital, you usually expect to meet a well-trained medical profession with many years’ experience. With such qualifications, you are assured of excellent treatment. However, doctors are only human, and they may make errors at times. Medical malpractice occurs when a medical profession is negligent during treatment or diagnosis, and his actions cause harm to the patient. When this happens, a patient may decide to ask for compensation. In such a case, hiring medical malpractice experts is recommended.

Common types of medical malpractice

Various situations can lead to a patient filing a medical malpractice claim. They include:

Improper diagnosis

If a competent physician would have made a different diagnosis that would have resulted in a better outcome than the one that was achieved, the patient can launch a claim against the doctor who made the wrong diagnosis.

Wrong treatment

If the physician prescribes wrong treatment procedures that lead to negative outcomes, then that patient can launch a claim. Also, if the doctor prescribes the appropriate medicine but administers it wrongly, the patient has a viable medical malpractice claim.

Giving wrong information or failing to provide vital information

Doctors are responsible for warning patients about any dangers associated with a certain medical procedure. This is the duty of informed consent. If the physician fails to inform a patient about the risks of a procedure, then the patient is affected by the treatment, the patient can file a medical malpractice claim.

Medical malpractice case procedure

Here are some basic steps to be followed during a medical malpractice case:

Contact the medical profession in question

First, talk to the medical profession and consider possible remedies. Some doctors are even willing to correct the problem free of charge.

Contact the associated medical licensing board

If communicating with a medical profession does not solve the problem, you can contact the board that administers medical licenses. Even if the board cannot make the doctor compensate you, they can discipline or issue a warning the medical profession. They can also offer guidance on the action you should take.

Find how much time is left for you to file a claim

Civil claims, including medical malpractice, have time limits of until when they can be filed. These limits are known as statutes of limitations, and require the affected to file a case within a specified time after the injury occurred. Check out your state laws to find out the exact time.

Get a medical assessment to prove that your case is viable

In most cases, you are supposed to file a certificate of merit. It shows that the injuries you suffered resulted from the negligence of the medical profession. To file the certificate of merit, you will have to contact another medical expert to review your medical records and ascertain that the first provider deviated from the required standards. It is the medical Medical malpractice experts who file the certificate of merit.

Consider an out of court settlement

Medical malpractice cases can be costly and timely. Therefore, if both parties can agree on a compensation arrangement, with the help of their lawyers, it is better than going to court.

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