Medical Malpractice 101: 4 Things You Should Know When Filing A Claim
Posted on: 3 March 2017
Doctors are meant to help the ill. Unfortunately, accidents and negligence can cause patients to suffer – instead of heal. If you, or a loved one, was harmed by a doctor, you are probably interested in learning about medical malpractice. In a nutshell, medical malpractice is a lawsuit that a patient files against a doctor. These lawsuits can result in monetary compensation or loss of the doctor's medical license. This can help patients deal with medical bills, lost wages, and mental anguish.
If you are interested in filing a medical malpractice lawsuit, you should know these four things before you begin:
1. You Must Report Quickly
Dealing with the aftermath of a negligent doctor can be very difficult. However, if you plan to file a lawsuit, you'll need to do it quickly. Most states have a statue of limitations, which dictates how long you'll be able to file your claim. If you want your case to be valid, you'll need to file within the designated time frame. Unfortunately, these time frames differ in every state. So if you don't know how long you have to file, consult with a lawyer as soon as possible. These professionals can help you determine when you need to file.
2. You'll Need Evidence
You'll need evidence that the doctor caused your pain or illness. The best way to obtain evidence is to start with your medical records. With your records, you can prove that you were in fact treated by the doctor. If you got a second opinion, you should get those records as well. Anything that proves that your injury or illness was caused by the doctor you're filing against is crucial, so get your hands on any and all evidence you can. Pictures, treatment plans, prescriptions, and more can all be used. So be thorough and obtain all the evidence that proves your case.
3. Expect A Review Panel
Your case may need to go through a review panel before it goes to court. While it certainly isn't pleasant, it might be a requirement – so expect it. At these panels, experts review your case to determine whether medical malpractice really occurred. During the panel proceedings, they will listen to both sides, obtain testimonials, and thoroughly review all evidence you have. It might seem like the panel would be the end, but it's often the first step. So be patient and do not expect results immediately following the filing of your claim.
4. Notifying The Doctor
Finally, you may be required to notify the doctor that you are filing a medical malpractice case against them. While not pleasant, many states require this to occur before the case can go to court. You do not have to actually talk to the doctor. Instead, you can send an official piece of mail that states you are filing a claim against them. If you do not want to do this yourself, a lawyer can certainly help.
Medical malpractice can bring a negligent doctor to justice. However, it can also be a legal battle. If you are interested in filing a claim against a doctor who injured you or your loved one, it is important that you know these four things. Additionally, you should hire a medical malpractice lawyer, such as those at Snyder & Wenner, P.C., to help. The entire process can be painful, complex, and confusing, and these professionals can help you.
Share