ALL YOU NEED TO KNOW BEFORE MAKING A CLAIM FOR MEDICAL MALPRACTICE
Due to negligence or omission by health care professionals patients tend to suffer temporary or permanent damage which can last a lifetime. If you or someone you know has suffered due to medical malpractice, then contact Medical Malpractice Lawyers Wagners. As no two cases are the same, they would assess your case and provide information that will prove useful to you. The following criterion applies with necessary modification.
- You must prove:
In order to file a lawsuit for medical malpractice, you need to prove that the standard of care provided was below expected and it was likely that this led to injury or damage. Make it a point to obtain all your related medical records and hospitals charts and have them looked at by another practitioner for an expert opinion. If in their opinion the expected standards of care were not met, then they would provide you with a report in support of your claim. Until or unless you do not fill these two criteria your chances of succeeding in the lawsuit cannot be determined.
It is extremely crucial to provide the proof as one cannot simply proceed with the assumptions, that the doctors must have made a mistake or that someone convinced you that the doctor erred or that something went wrong in the hospital. Though in a lot of areas gut feelings are useful and valuable, but in areas where the law is concerned nothing can happen without a proper medical opinion from a qualified expert and even then there is no guarantee of success.
- Finance Retainer:
In order to understand the costs that are involved, it is crucial for you to give a financial retainer. Procurement of evidence needed to prove a medical case is often difficult. Even if the evidence has been obtained, the opinions given by the experts is almost always disputed by the doctors which have been retained by the insurers for the hospitals and the doctors that you might sue. Before proceeding with it, the lawsuit must be well reasoned and economically justified.
- Deadlines for Medical Malpractice:
There are deadlines for starting malpractice lawsuits which are known as limitation periods. If you intend to sue a healthcare professional or institute, then it must commence within two years of the date when you found out or out to have known of the acts of malpractice. In cases of death involved or intended defendant, the time limit of the cases is even shorter. In case of death, the lawsuit must commence within two years from the date of death, regardless of when you knew or would’ve known that you may have a claim. However, in the case of children or patients without the mental capacity to make legal decisions, the limitation period may be extended.