Medical malpractice cases, unfortunately, have become pretty common. Just like in most situations, they can range from the ones that are relatively “minor”, to the ones that are so severe that they can even lead to death.
These sorts of situations are not only frightening to those who’ve gone through them, but for the family of an injured (or deceased) person too. This whole process can be extremely challenging and overwhelming for everyone involved.
No matter how shocked, sad, frustrated, or depressed you may feel right now, it’s of huge importance to take the necessary steps that are going to help you file a medical malpractice claim. If you would like to know what needs to be done in these instances, then just pay attention to this detailed guide.
Are You Truly Dealing With Medical Negligence?
Before you take any further steps when it comes to this, you first need to determine if medical negligence really happened. From a legal perspective, it means that a healthcare provider failed to provide the necessary care.
The truth is that a vast majority of physicians would normally do whatever is in their power to provide their patients with top-notch care, however, mistakes are at times, unavoidable or can hardly be prevented.
If you, or someone you know can file a medical malpractice claim if you suffer a personal injury because of:
- Poor-quality medical care
- Lack of consent
- Diagnostic error
- Breach of doctor-patient confidentiality
If any of the above-mentioned things happened to you, then it is most likely a typical medical negligence case.
You Need To Contact The Lawyer
Losing a loved one is never easy. In fact, that’s something that people struggle with for a very long time. Knowing that you lost someone you loved because of someone’s negligence makes things even harder.
Sadly, thousands and thousands of families face this challenge on a yearly basis. If you’re in a situation in which you lost your loved one due to the negligence of a healthcare provider, then you have every right to seek compensation.
If that’s something that you’re currently interested in, then it’s time to put your trust in the hands of a wrongful death attorney. These professionals have the necessary skills, knowledge, and experience that are going to help you and your family be fairly compensated.
Don’t forget that these legal experts have already dealt with cases similar to yours, which means they know exactly what to do and will determine the type of claim that’s currently most suitable for your situation.
But where can you find someone who is seasoned and resourceful enough? You should consider hiring a Hollywood Wrongful Death Lawyer if, by any chance, you live in (or anywhere near) Hollywood. Even though nothing can bring your loved one back, at least, with the help of a good advocate, you will get some justice.
Get Familiar With The Statute Of Limitations
Those who’ve been the victims of medical malpractice, unfortunately, do not have a lot of time to file a claim against a specific institution, or healthcare provider. In these instances, time is of huge essence.
Consequently, what you need to do next is to get familiar with the statute of limitations. To put it simply, it means that you are not supposed to wait for too long to file your case, otherwise, the statute of limitations is going to expire and you will no longer have the right to file a lawsuit against the responsible party.
That’s exactly why verifying the statute of limitations that refers to these sorts of cases in the state you reside in is pivotal. Bear in mind that every single state has different statutes of limitations, which can vary depending on your situation.
If you are puzzled by all of this, then the best thing that you can do is to talk to your solicitor, because, after all, (as previously concluded) they have lots of experience when it comes to this, and they’ll know how to properly advise you.
You Need To Let The Liable Party Know
Before you take any legal action, you are practically obligated to first send a notice of intent to the responsible facility or healthcare provider and let them know that you are planning on filing a malpractice lawsuit against them.
Why does this matter so much? By doing so, you are giving them the chance to potentially offer you a certain settlement before things are taken to court. Furthermore, the whole point of this is to openly discuss this problem and potentially resolve it without involving the court.
Filing A Medical Malpractice Claim
If you are one hundred percent certain that you want to do this, then this is the next step that’s supposed to be taken. Bear in mind that filing a lawsuit against anyone isn’t something that should be taken lightly and that it requires thorough research that’s going to confirm if you have the right to do so or not.
Before filing a lawsuit, you first must comprehend which kind of legal action you need to take, who should be held accountable, and many other relevant factors that may affect your case. This whole process depends on the state you live in.
Generally speaking, this procedure starts with the filing of a formal lawsuit with the court. Once you submit all the necessary documents, the court will issue a summons and complaint. With the summons, the responsible party has a certain amount of time to give an answer to your charges.
Furthermore, the defendant can either deny your claim or admit guilt. If the two of you cannot reach any agreement, then it may potentially lead to protracted litigation. Since this whole process can be pretty challenging, it’s pivotal to prepare yourself properly in advance before you proceed with anything.
Physicians and healthcare institutions, in general, are supposed to be there to help people, which they do in most situations. However, if they accidentally fail to do this, then these are the steps you need to take to seek compensation for your damages.
