Compensation for medical negligence is measured in dollars and helps compensate any patient who was harmed during a medical treatment.
Regardless if the case is settled by a doctor, hospital or through an insurance company, the case goes to civil court and the verdict comes from a jury. The injured patient is usually awarded a sum of money.
Medical malpractice, according to the JAMA or Journal of the American Medical Association, is the third leading cause of death in the United States and is right behind cancer and heart disease.
What Constitutes Medical Malpractice
Basically, medical negligence is when a patient is harmed by an error or mistake made by a medical professional. However, not all bad experiences are cases of medical malpractice.
In order to file a lawsuit, you need to provide proof of the negligence that caused you harm.
A few examples could be a medical condition that was worsened after treatment, the wrong limb being amputated or an operation causing brain damage.
Filing a Claim for your Case
Although many different cases can be handled without having to hire a professional solicitor, this is not one of them.
You should seek legal counsel if you suspect you have a medical negligence case. There are a few reasons for this.
First, there is a statute of limitations and you need to get your case filed before this expires.
Although some jurisdictions are a bit more lenient when it comes to the statutes and may calculate from the time you discovered your injury, others are more strict and calculate immediately following the malpractice regardless of when you realized you were injured.
A legal solicitor is your best option when trying to get your case filed in time.
Also, there could be pre-suit requirements, depending on where you file your case, that need to be met prior to filing your case.
Things like a note of intent to file suit, medical expert affidavits and review boards have potential ramifications regarding if your case may proceed or not.
If you do not meet the procedural requirements for your particular jurisdiction, you could end up getting your case dismissed.
Your lawyer will have experience and procedural know-how so you can feel confident your case is filed accordingly.
Helping your Medical Negligence Case
Medical negligence cases are often difficult and complex. Therefore, it is important that you provide your solicitor with as much information you can to help support your case.
They may request a summary of events leading up to the medical malpractice claim, reports of all treatments provided to you and the contact details of the negligent party and other forms of documentation.
If you feel you have a medical negligence case, consult with your lawyer and get the facts about whether or not you have a case or not. The sooner you do this, the better off you will be to stay within the time frame. Waiting too long could harm your case.