Medical Malpractice: Filing A Medical Malpractice Claim

09 Aug 2010


Posted by Norman

Everybody makes mistakes; after all, to err is human. However, your ability to walk, eat, earn a living, etc. could be taken away if a medical professional makes mistakes and do not provide the proper standard of care necessary to their patients. Filing a medical malpractice lawsuit is a way to then hold hospitals, pharmacists, doctors, nurses, and other staff accountable for their negligence and help you recover damages when seriously injured while under their care.

Medical malpractice refers to the failure to act in the same way another prudent medical professional would in a similar circumstance. If injuries that could have been prevented are the result of a medical professional not using their skills and training to the best of their ability, then they can be held liable for their patients’ misfortune. Negligence, surgical mistakes, birth injuries, dangerous drugs, prescription errors, nursing home abuse, and misdiagnosis, failure to diagnose, and delayed diagnosis account for some of the most common types of medical malpractice lawsuits.

If you plan to file a medical malpractice claim, you should first conduct your own investigation by visiting the American Medical Association and the National Institute of Health websites for more information about standards of care. Try to find information about your condition along with what should have been done to prevent your injuries. You can also read information posted on legal websites and ask additional malpractice lawsuit questions.

Next, you need to gather as much information about your case as possible, including medical reports, bills, lost wages, and any other expenses due to the medical malpractice. You should also make a timeline, list, and include everything relevant about your malpractice case by starting with the very beginning. Write down all pertinent appointment dates, doctors' names, referrals, lab work and tests ordered, and surgeries received.

Medical malpractice cases are extremely time consuming and costly as they require expert witnesses and access to all of a patient’s medical records. Doctors and hospitals can often delay the legal process with their extensive resources and try to force low settlements upon medical malpractice victims who cannot afford to wait for a more significant compensation. There are also statutes of limitations on how long after the incident a patient can file a medical malpractice claim.

Due to the complexity of medical malpractice cases, it is critical you seek a highly qualified personal injury attorney to help protect your interests and legal rights. When searching for a personal injury lawyer to handle your medical malpractice claim, you should speak with attorneys who specialize in medical malpractice and ask about their experience level and success rate. Bring copies of all of your case documents to your initial legal visit so the attorney can determine whether you have a legitimate case or not.

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