Medical Malpractice: Basic Steps In Filing A Claim

Medical malpractice cases should not be brushed under the rug but given attention to, for you to state your claim. It’s your right to protect yourself against such misconduct and those responsible will have to account for what they’ve done.

So, how can you do it legally? And what are the facts you should know about before pursuing such a case?

What Is Considered A Medical Malpractice?

Starting with its definition, medical malpractice is when a hospital and/ or its practitioners cause injury to a patient, whether by negligence or by flawed procedures. And whether willfully done or by accident.

There are very specific standards that medical personnel are to adhere to. And a deviation of them not only ruins their reputation but can endanger lives. Your life. Thus, this should NOT be treated lightly but with urgency and severity.

That said, there’s a proper due process for you to go through in order to file a claim. Moreover, it’s best to follow the said process formally, and by-the-book to avoid future loopholes that might be used against you. Of course, this really only happens when the medical institution you’re going against is trying to cover up for their misconduct and is unwilling to pay for the malpractice-compensation.

Check out how you can file a claim and when to hire a medical malpractice lawyer.

Filing A Claim: How To Do It 

1. Communicate Directly With The Practioner/ Institute Concerned 

Communication. IMMEDIATE communication is a must in this scenario. What you should do is have them be aware of the malpractice they’ve committed and what this has done to you.

More than the case itself, this will give them room to rectify their fault by checking if there’s a way to reverse the procedure or provide other services to solve the problem.

2. Talk To Other Medical Professionals

Don’t jump the gun just yet. Stay calm and get in touch with other doctors and medical advisors to check whether the damages and/ or injuries caused can be remedied or not. If the wrong can be righted, and in most cases, they can be done so without charge, the better.

3. Go For A Medical Assessment To Check The Validity Of Your Claim 

Third, have solid evidence to back the validity of your claim. If after numbers 1 and 2, you find out that the malpractice has caused irreparable damage, one that they are unwilling to sponsor, apply for a Certificate Of Merit.

Cities and states may have different terminologies for it but they all stand for the same aforementioned certificate. This will tie-in with #3. The medical professional will have to ascertain every portion of your claim from a medical standpoint before you can continue with this step.

4. The Settlement 

You’ll have to call for a highly qualified medical malpractice lawyer to banner your case. Most insurance agencies slam malpractice cases face-forward and only compensate for them in the slightest, if at all.

There is always a risk of being rejected and going home with zero. It happens more frequently than you’d expect. Therefore, only follow through with this if you believe that your case is valid, strong and that you’re not merely wanting to be paid a certain amount.

Moreover, an out-of-court settlement is something to consider instead of getting nothing out of it.

5. Compensation & Time

How long to get medical malpractice compensation? There’s no ONE answer to this. Do remember to learn about your area’s Statues Of Limitations to understand how quickly you’ll have to file a case. Otherwise, that right will be revoked from you after a specified period of time.

We want you to understand that this could take much more than a while. But if you believe in the strength of your case, then, by all means, go for it.