When your medical provider does not hold up their end of the bargain when it comes to your health, there’s a problem. Medical malpractice is when a medical professional deviates from the agreed upon standard of care while treating a patient.
To simplify the definition, malpractice is when your doctor is negligent in your care, causing you undue harm. If you’re involved in such a situation, you’ll need a lawyer who specializes in medical malpractice to represent your best interests in a court of law.
Take a moment to read through a few things everyone should know about medical malpractice to protect your rights as a patient.
A medical malpractice lawsuit is time-sensitive
If you or someone you love is hurt due to a medical mess-up, you need to file a lawsuit as soon as possible. There is a statute of limitations on such a situation, and the standards to that statute of limitations varies by state.
If you fail to file your lawsuit before the statute of limitations runs out, you won’t have much luck trying to get compensation for your troubles. States also vary in when the time begins on your case.
You may face a review panel
It’s not uncommon for the law to require you to face a review panel before you can file a malpractice case in court. The panel of professionals will review your case and decide whether or not they believe malpractice actually occurred. Being reviewed doesn’t mean that you win your case, it just means that you have a solid case for malpractice.
You’ll need a medical assessment
You may also have to get a medical assessment before you go to court. A medical assessment is a great thing because it will show (on record) exactly what was injured by the act of malpractice. When the physician determines that the damage is a direct result of the malpractice, you’ll get a certificate stating the results.
Notify the insurance company of your suit
Once you reach the place where you are prepared to file a malpractice lawsuit, allow your lawyer to inform the insurance company and medical facility. Often, just knowing that a case is a potential threat results in a settlement offer.
Make sure your lawyer does the communication, as the insurance company will likely try to intimidate you into backing down on your suit. Unfortunately, you’ll get more respect when you come with a lawyer.
You’ll need all of your medical records
To provide a strong case against the physician who hurt you, you should gather together all of your medical records. Your lawyer will need the extra evidence to provide an excellent presentation in court.