3 Tips To Keep In Mind If You Intend To Purse A Medical Malpractice Claim
Posted on: 13 March 2017
Have you been injured or had your health decline in any way as the result of a doctor's negligence? If so, you may be able to make a legal claim in court in order to seek damages for medical malpractice. That said, you should know that most doctors and hospitals will defend themselves vigorously from any lawsuit that comes their way. To that end, you really need to make sure you are prepared before you move forward. Here are three tips to keep in mind if you intend to seek damages for medical malpractice.
Hire an Attorney Before You Do Anything Else
The laws regarding medical malpractice vary from state to state, so you'll want to make sure you get all of your paperwork organized before you proceed. A knowledgeable medical malpractice lawyer can help guide you through the pre-trial process and ensure that your case is viable before filing suit. Furthermore, sometimes just getting the attorney to call the doctor or hospital could lead to an out-of-court settlement with no courtroom needed if the medical practitioner admits they were in the wrong. Those cases are rare, though, so understand that you will likely be lawyering up for the long haul.
Documentation is Everything
Collect as many medical records as you can, including what your health or situation was like both before and after seeing the doctor. Your attorney can help you make a formal written request for all medical records on file at the doctor's office or hospital. Also, if you have been suffering in pain because of a doctor's negligence, keep a journal and write down specific examples of how often the pain occurs and how it affects your life.
Get Another Assessment
Once you have your attorney and all of the documentation from the negligent doctor's office, it's time to go and see another medical professional. Your attorney should be able to direct you towards someone reliable who can give you a full assessment of your situation. This doctor will likely make note of any hardships you have encountered as a result of the initial surgery or procedure. Having another doctor come out and say that your pain and suffering can be attributed to what happened with the initial doctor can be a very powerful piece of evidence for your case.
If you believe you have been the victim of medical malpractice, your first course of action should be to hire an attorney. Then, move to acquire all medical records regarding your case and seek out a 2nd medical opinion with your attorney's help. Then, you'll have all the pieces you need to either sit down with the negligent doctor and demand a settlement or move forward into the courtroom.
To learn more, contact a firm such as Kornfeld Law.
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