The Doctor is In: Tips on Pursuing a Medical Malpractice Claim
Going in for routine check-ups with your doctor is probably something you do on a regular basis. There are times, however, when the procedures you receive from a doctor can do more harm than good. Statistics show that 93 percent of all medical malpractice lawsuits are settled out of court. Being misdiagnosed or even prescribed the wrong medication can lead to a variety of negative consequences. Some of the injuries caused by a doctor’s negligence can lead to long-term health complications. The following are some of the things you need to do when trying to pursue a medical malpractice claim.
Consulting an Attorney
If you feel like you have been the victim of medical malpractice, then your first move should be consulting a lawyer. Make sure the lawyer you choose has a good deal of experience with these types of cases. When going in to meet with a lawyer for the first time, you will need to bring in documentation showing what your injuries are and proof that you were treated by the doctor in question. By going in to consult with a lawyer, you can find out what your rights are and whether or not you have a case worth pursuing.
Collect All the Medical Records Pertaining to the Case
Another very important thing you need to do when trying to build a case against a negligent doctor is to collect all your medical records. You can do this by writing a formal request to the doctor’s office where the medical malpractice occurred. Getting these records will allow you to show what procedures were performed and when they were administered. With these records, your lawyer will be able to start constructing a case for your medical malpractice claim.
Determining the Negligence That Occurred
In order to win a medical malpractice claim, a lawyer will have to show a doctor was negligent in the care they provided. This requires that your attorney get opinions from medical experts on what they would’ve have done in similar situations and why the defendant doctor failed to act reasonably under the circumstances of your case. An experienced medical malpractice lawyer will often have a team of experts he can use to get this type of information. Having qualified medical professionals testifying on your behalf is necessary to win any medical malpractice case.
Talk About the Possibility of a Settlement
If you do have a clear case of medical malpractice, chances are you will be offered a settlement. Most doctors and insurance companies will want to keep the negative press surrounding a medical malpractice trial to a minimum. Be sure to speak with your lawyer when attempting to figure out what type of settlement works best for your circumstances. Sometimes, however, these cases must be taken to trial so it is important for you to ensure that your attorney has experience in the trial of medical malpractice cases.
Do You Have a Medical Malpractice Case? Contact Us Now!
At Hardesty, Tyde, Green & Ashton, P.A., we have helped many people get the money they deserve following a medical malpractice incident. Call us at 904-414-4906 now to schedule your free consultation.
What constitutes a personal injury?
The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)