The period after a medical malpractice incident can be stressful. You have to deal with medical bills, insurance companies, and the prospect of a long recovery. The last thing on your mind is to take legal action against the responsible party.
But if you or a loved one is a victim of medical malpractice, you should understand your legal rights and options. A medical malpractice claim helps you recover damages to pay for medical expenses, lost wages, and pain and suffering. You also feel good knowing that the negligent medical professionals are accountable for their actions.
However, the success of your claim depends on how you act after the incident. Check these tips to help you maximize the success of your medical malpractice case.
Establish if Your Case Qualifies as Medical Malpractice
Your case must meet the legal definition of medical malpractice. Medical malpractice results from a healthcare professional being negligent or providing substandard care that leads to an injury or death. To win a medical malpractice case, you must be able to prove four elements.
Duty of Care
You must show that the medical professional involved was responsible for providing a certain standard of care and safety that they didn’t meet.
Breach of Duty
You should offer proof that the medical professional on duty breached their duty of care. The evidence should show that the professional did not provide the standard of care that they owed you.
You should prove that your injuries or the death of a loved one were due to the medical professional’s breach of duty.
You should show that you suffered physical injuries, financial damage, or emotional trauma after the medical malpractice.
The best way to establish if you have a viable case is to consult a personal injury attorney. The lawyer will evaluate your case and advise you on the best way forward. This step saves you time and money wasted on a case with minimal chances of success.
Know the Statute of Limitations for Filing a Claim
The statute of limitations is the deadline for filing a claim. If you miss the deadline, you will not be able to take legal action.
The statute of limitations in most states is two to three years from the date of the medical error. But there are some exceptions, such as when the victim is a minor.
Note that the statute of limitations may start on the date of the medical error or when you discovered the injury. This plan is known as the discovery rule. To make sure you don’t miss the deadline for filing your claim, consult with a personal injury attorney as soon as possible after your injury.
The success of your medical malpractice case largely depends on the evidence you can collect. The more evidence you have, the easier it will be to prove that the medical professional was negligent and that their negligence caused your injuries.
Some of the most important types of evidence in medical malpractice cases include:
- Medical records
- Test results
- Witness statements
- Expert witness testimony
- Video or photographic evidence
You can speed up your evidence collection with the help of a medical expert. The medical expert will review your case and help you identify the necessary evidence to prove your claim. Your attorney will also come in handy in this step as they will collect this evidence on your behalf so that you can focus on healing.
Medical malpractice cases are complex, and the success of your case depends on many factors. But if you take the right steps, you can increase your chances of success and receive the compensation you deserve.
Luckily, we are here to make your case smooth and more successful. We specialize in a range of personal injury cases and can help you get the compensation you deserve. Contact us at William J. Cooley, Personal Injury Attorney, today for a free consultation.