Most healthcare workers do everything in their power to ensure you are healthy and know what’s going on with your body. They exercise high standards of care for each of their patients and will go the extra mile to ensure their patients are comfortable. Even when doing everything they can to do things right, mistakes can be made. If you or a loved one are the victim of medical malpractice, you might be entitled to recovery. The following are some first steps you might take.

Speak with Your Medical Professional

The first thing you should do is contact the doctor you have been working with. Maybe the situation isn’t as bad as you think it is, and there’s a simple remedy. The doctor might provide a solution free of charge. Maybe it wasn’t the doctor who made the mistake, but he or she can point you in the right direction of what to do next. There’s also a chance you’re not experiencing malpractice at all, and the symptoms you feel are perfectly normal for the care provided. A doctor can explain these things to you.

Report the Provider

If nothing changes after speaking with your medical provider, you might want to report him or her to the licensing board. The board can’t make the doctor do anything differently, but they can issue a warning. They might also be able to instruct you on what to do next and how to handle the situation.

Understand Time Limits

Every day matters when you’re facing a medical malpractice case. You have to get your claim filed within a specified amount of time called the statute of limitations. If you don’t get the claim filed on time, you could lose the right to compensation. The statute of limitations is different in every state, so you should never assume you have a certain amount of time if you’re not positive. For example, the statute of limitations for medical malpractice in Texas is two years, but just over the border in Louisiana, individuals only have one year to file a claim.

Obtain a Certificate of Merit

Not every state requires a certificate of merit, but many do. This is a document from another medical professional that indicates your medical claims are accurate. It needs to be filed with your claim so the court sees the case has merit.

Getting Started

This is just the beginning when it comes time to file a medical malpractice case. Contact a lawyer, like a medical malpractice lawyer from Ward & Ward Law Firm, for help getting started and completing the process.

Medical Malpractice Attorney

If you’ve been the victim of a medical error, then you may be reluctant to continue treatment. Your confidence in the healthcare system may be at its lowest, but your condition requires you to keep fighting through and continuing treatment.

When someone suggests that you have a good reason to bring a medical malpractice lawsuit, you may wonder how the process works. Gaining better insight into what medical malpractice is and how the justice system works to get you the resolution you need will help you feel better about moving forward. Here are three essential elements of a medical malpractice lawsuit.

1. Establish Negligence

To get the process rolling, you first must be able to show that you were affiliated with the provider from whom you seek compensation. You also need to have documentation to back you up. Once the relationship has been established, you next have to assert that what the professional did or didn’t do was negligent. The standard of care is something that the medical profession considers part of its foundation. The standard of care is established rules — both written and unwritten — that dictate how one moves forward with caring for patients. If a provider fails to meet this standard of care or blatantly goes against it, a medical malpractice case may be warranted.

2. File a Suit Within the Proper Time Frame

There are strict time filing guidelines that are set in every state. If you miss the window in which you have to file a lawsuit, you may be barred from bringing an action against a provider. Many states operate on a “known or should have known” premise that may help extend the time for filing. It usually states that you can bring legal action within “x” number of years from the date you knew, or should have known, that your injury or illness was caused by medical negligence. Again, check with the laws in your state to ensure you do not miss the deadline.

3. Consider Damages

Lawsuits are designed to bring about monetary compensation for a plaintiff. They are civil suits, so if the defendant is found negligent, the punishment is financial. There is no jail time in civil lawsuits. Thus, before filing your claim, you must have an idea of the type and amount of damages you want, should you prevail. There are three types of damages awarded:

• Compensatory, which cover the amount of money you’ve lost as a result of the injury.
• General, which cover pain, suffering, and distress due to the injury.
• Punitive, which are meant to punish the defendant financially, and are only awarded by the judge or jury.

A medical malpractice lawyer, like a medical malpractice lawyer in Salt Lake City, UT, can help you establish your lawsuit. Check with one in your area for more information.

 

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Thanks to Rasmussen & Miner for their insight into the different types of damages in a medical malpractice lawsuit.