While the majority of healthcare providers strive to apply the highest standard of care for all of their patients, there are unfortunately instances when things can go wrong. If you or a loved one has experienced incompetent medical care, misdiagnosis, lack of consent, or breach of doctor-patient confidentiality that has resulted in harm or injury, you may be qualified to receive medical malpractice compensation.
Below are the 6 steps you must complete before filing a medical malpractice lawsuit.
Contact the medical professional you believe to be at fault. Try to understand what may have gone wrong during your care and discuss with your doctor whether it is something that can be corrected. In most cases, medical providers are prompt to perform services (sometimes for free) to fix a problem or provide an alternative solution.
If contacting the medical professional does not supply you with any solutions to your pain and suffering, you may want to contact your state’s medical licensing board. Unfortunately, licensing boards cannot require the professional to repay you, but they can issue public warnings to the practitioner. They may also be able to provide you with guidance about your next steps filing a claim.
All personal injury lawsuits, including medical malpractice, have time deadlines, called, “statutes of limitations”. These deadlines dictate how long after the accident your case remains valid in court. Review your state laws to ensure the time period for filing your claim does not expire, leaving you without compensation.
Depending on the state you live in, you may be required to file what is commonly known as a “certificate of merit”. To file a certificate of merit, you first need to contact an expert (commonly another physician) who is willing to evaluate your medical records and verify that the original health care provider strayed from common-practice medical practices, which resulted in your injury. The attorney that you hire will now file the certificate of merit, which confirms that you spoke with a medical expert and that your action has merit.
Medical malpractice lawsuits are often long and expensive, which is why most of these types of cases are settled outside of the courtroom.
Insurance companies also tend to reject a large portion of medical malpractice claims. It may end up being in your best interest to settle out-of-court or risk not having your case heard at all. But that does not mean settling for less than you think you deserve. If you believe you have a strong case, then you should seek higher compensation.
Located in Schaumburg, Illinois, Iamcallingmylawyer.com is a team of experienced medical malpractice lawyers. They have over 50 years of combined experience working with personal injury law and medical malpractice lawsuits in Greater Chicago land area. Working with the right attorneys can be the difference between receiving your rightful compensation and walking away with nothing.
At Iamcallingmylawyer.com, we don’t get paid unless you get paid, so don’t waste any more time. Call us today at 888-841-4878.
If your medical practitioner has departed from approved medical standards for your treatment—or what is called the baseline “standard of care” determined by the medical community—you may be eligible to receive compensation and benefits by filing a medical malpractice claim.
Any medical practitioner who is shown to have stepped outside the boundaries of the “standard of care” in their profession can be found liable in medical malpractice claim. This includes doctors, nurses, surgeons, chiropractors, dentists, and even physical therapists. This standard of care is typically established in court through expert testimony from another medical professional in their field.
Like a personal injury claim, there is no set amount of money you can expect to receive for your medical malpractice claim. But you should expect to recover at least past, present, and future medical expenses and loss of income. The total amount is therefore determined by the extent of your treatment, and the impact your injuries have on your earning potential and quality of life.
Speak to an attorney as soon as possible. Medical malpractice claims can be difficult to prove for a variety of reasons, and they often have a statute of limitations that can be as little as a year. Explain to your attorney exactly what happened, and bring your medical records if possible.
Before a doctor can perform a procedure on a patient, they must advise the patient on the risks and possible consequences of the treatment. If a patient is not advised on these risks, it may provide the grounds for a medical malpractice case. Informed consent is not required when the patient is already unconscious or a family member can’t be reached in an emergency.