How to Make the Most of Your Medical Malpractice Claim
A botched hernia surgery or even a misdiagnosis could lead to health complications the likes of which could drain your finances dry and disrupt your quality of life. Many instances of medical malpractice are avoidable, because it’s possible that doctors may have skipped a few steps or have fallen short in meeting the standards of their practice. Here’s a quick guide to help you build a medical malpractice claim that’s guaranteed to prosper.
1. Know the Elements of Medical Malpractice
To begin with, you need to have a compelling case for pursuing a medical malpractice claim, which is supported by three main elements. For one, you need to be aware that the medical professional handling you has a duty of care. This means that they possess the responsibility to keep you safe from harm and that they are aware of this responsibility. The fact that they skipped steps in a medical procedure that should otherwise be risk-free is a blatant breach of this duty.
In addition to this breach, there has to be a direct link between this and the injury you sustained. Causation is another element you need to satisfy to hold the medical professional and other possible parties liable. The third element is the fact that the medical professional’s actions led to injuries and damages, both economic and non-economic, that must be included in the total compensation amount. Having all these elements in place will help you proceed to the next step of the process.
2. Understand the Timeframe
Apart from establishing liability and causation, it’s equally important to consider the timeliness of filing a medical malpractice claim. As an area under the larger umbrella of personal injury law, medical malpractice complaints are subject to a statute of limitations, a window within which you are allowed to pursue compensation for injury and damages from a liable party. Typically, this ranges between two or three years from when the injury is first reported or diagnosed, but this could be difficult to establish in the context of medical malpractice.
For instance, nearly all types of cerebral palsy in children are the result of birth injuries caused by mistakes during the delivery process. The first symptoms may manifest during the first few months, and an official diagnosis won’t be made until the baby turns one year.
If you’re a parent, you will have to decide on your legal options right away from that point on. Waiting any longer could diminish the strength of your claim, as evidence may change and witnesses may give inaccurate recollections. The medical professionals may also attribute the condition to a different factor, so it matters to act fast.
3. Gather Enough Quality Evidence
As you build your medical malpractice claim, strive to acquire as much evidence as you can to establish the other party’s fault and prove the extent of the injuries you sustained. Medical records should comprise the primary documents you need to show that your injuries were the direct result of actions that are below the standard of care required of medical professionals.
Gather dated laboratory results, x-rays, and medication. You should also present copies of receipts and other documents prepared by the other party before the malpractice was committed. Consider seeking another clinic or doctor to help examine the effects of the malpractice. You can also invite them to act as a witness who can provide expert testimony, adding credibility to your claim.
Aside from that, you might also want to calculate the non-economic costs of your situation. Your injuries and damages may have caused trauma that would require psychiatric intervention and affected your capacity to earn a living for your family. All of these factors should be included in calculating the total compensation you’re entitled to, so that you know to never settle for anything less.
4. Get a Competent Lawyer By Your Side
You might think you have the facts to back up your claim, but keep in mind that the other side will put up a solid defense, especially if your medical malpractice claim is directed towards a large medical institution or an already reputable practitioner. They may have enough legal resources to dispute your claim and have it thrown out. Other than that, they could offer to settle your case outright with an amount you think is fair. However, you should know that you’re entitled to a larger payout in addition to preventing future malpractice cases.
Regardless of who you’re going up against, it matters to get a medical malpractice lawyer who has knowledge and experience in similar cases like yours. Aside from walking you through the process, a competent lawyer aims to build a compelling claim structured around quality evidence and an accurate estimate of how much you must be paid for your pain and suffering. They can also represent you during settlement negotiations and help you decide on which outcomes will benefit you the most as the victim of malpractice.
Endnote
There’s no excusing medical malpractice if it disrupts your life and threatens the future of your loved ones. Consider these tips and fight for the payout you deserve.
