4 Tips for Filing a Medical Malpractice Claim

These figures should not destroy your trust in medical professionals. However, you should have an understanding of the steps to file a medical malpractice claim so you are prepared for the worst-case scenario. Here are four tips that could help you with filing a medical malpractice claim.

The laws and legislation around medical malpractice cases are heavily mandated, and you are not likely to see much success if you do not have a clear and detailed idea of what constitutes medical malpractice. This can help you determine from the start if your case is worth pursuing.

For you to have a valid claim for medical malpractice, you need to prove that you have suffered injury that was directly caused by a doctor's breach of duty. This injury can include physical pain, mental, or emotional anguish, or unnecessary medical bills and lost income that caused you financial hardship.

The next step to understanding a medical malpractice claim is to know exactly what constitutes a breach of duty on the behalf of the medical professional. Breach of duty does not have to be something as severe as amputating the wrong limb or causing paralysis. Very subtle forms of improper treatment can qualify as breach of duty.

One of the most common types of breach of duty is when the doctor fails to inform you about the known risks of a procedure or medication. The obligation of the doctor to provide you with this information is known as the duty of informed consent.

Another breach of duty is when the doctor should have the ability to identify your illness with the resources and knowledge he has available but fails to diagnose. 

Certain states will have additional regulations you need to follow if you plan to file a medical malpractice claim. You should find out how long you have in your state to file your claim after the injury has occurred. Additionally, your state may require you to provide a notice to your doctor before you file a claim.

Another state-by-state difference in medical malpractice law is whether there is a cap on the amount awarded for medical malpractice claims. These caps apply to the amount that you can win for your claim outside of tangible economic losses. The state you live in will determine how much you can expect to receive for pain and suffering.

By far, the best thing you can do to support your personal injury claim is work with an attorney who has experience in this field of law. A good personal injury attorney will help you collect the documentation you need, handle communication with insurance adjusters and other parties, and generally maximize your chances of success with your claim.

Another benefit of working with an attorney is that many of them will take your case on contingency. This means that you won't owe any money unless you win your case. Many people are not able to afford the thousands it can cost up-front to take their case to trial, so an attorney working on contingency will give you the chance to pursue a case that you couldn't otherwise.

These guidelines are a good starting point for initiating a medical malpractice claim. For detailed guidance through every step of your case, contact Wegner & Associates so we can help you get your life back on track.