What To Do If You Think You Have A Medical Malpractice Claim

Medical malpractice claims can be some of the most challenging legal battles to navigate. Knowing whether you have a valid claim and what steps to take next can be difficult if you have never dealt with this problem before. Here are the first things you should do if you suspect you have a medical malpractice claim.

Know How to Prove Your Claim

Just because a medical professional has made a mistake does not always mean that the patient has a medical malpractice claim. Before you begin the process of filing your claim, you must make sure your case meets specific criteria. The most basic criteria is that the medical professional made an incorrect diagnosis, provided improper treatment, or forgot to mention the potential risks of a medication or procedure.

Even when these basic requirements are met, you must be able to prove that the medical professional's mistake caused you specific damages. These damages fall into three categories: general damages, including physical and mental anguish; special damages, for expenses such as medical bills and lost time at work; and punitive damages, for cases where a medical professional intentionally provides harmful or suboptimal care.

Contact the Physician Before Filing Your Claim

In certain cases, the medical professional that provided inadequate care may be willing to make reparations. By contacting the physician before filing your claim, you could get the resolution you were looking for without going through the legal process. Additionally, talking to the physician will give you a better understanding the problems that occurred during the treatment and their stance on the issue.

If a physician is cooperative and willing to make reparations, he or she may offer additional medical procedures to correct the mistake, often at reduced or no cost. Unfortunately, you may sometimes find that the physician is unwilling to make any reparations, even after you have contacted the medical licensing board that issued the physician's license. In this case, your only option will be to move forward with your claim.

Hire a Personal Injury Attorney

If you have determined that a medical malpractice claim is your best course of action, you should never start the process of filing a claim without hiring a personal injury attorney. When interviewing attorneys, you should make sure that they have prior experience with medical malpractice claims and talk to them about previous cases they have handled that were similar to yours.

Working with a personal injury attorney provides many benefits that greatly increase your chances of receiving the compensation you deserve. An attorney will help you organize and correctly fill out all the papers you need to file your claim. He will also help you locate a medical expert witness that can testify on your behalf, without which your claim will almost certainly be unsuccessful.

File Your Claim Within the Statute of Limitations

In addition to helping you fill out your paperwork correctly, a personal injury attorney will make sure you get them submitted in the proper timeframe. Medical malpractice claims must be filed within the statute of limitations or you will not be able to receive compensation for your claim. The statute of limitations varies widely by state, although many states have a discovery rule where the statute of limitations does not begin until the injury or harm from the medical mistake is discovered.

These guidelines will help to point you in the right direction if you ever find yourself faced with a medical malpractice claim. Be sure to work with a personal injury attorney from a firm like Schiller, Kessler & Gomez, PLC to get more information on your potential case.