No one wants to be in a position where they
need to file a medical lawsuit. However, while getting treated, you or someone
you know may face neglect. Therefore, it is not only your legal right but your
duty to hold the hospital accountable. But, you need to be clear about the kind
of lawsuit you'll be filing. Not everything comes under malpractice. If you
file out of pure whim, you may accidentally submit a fraudulent case.
So, when you have proof and a solid case at
hand, don't hesitate to reach towards the law. As a plaintiff, there are few
aspects you need to worry about. Once you make sure you hit all the
prerequisites, you'll be able to appear in court. In some instances, you may
even file for a settlement instead of a trial. However, that will be decided by
the court depending on the extent of the neglect. So, before you decide to dive
in headfirst, make sure you know everything about filing a lawsuit:
- Get Yourself A Lawyer
You can't go into a courtroom without a lawyer
in your corner. While hiring a medical malpractice lawyer is expensive, it is
crucial for your case. A medical malpractice lawyer knows how to represent you
in court. You should expect a brutal defense. For example, if you're filing for
a mesothelioma cancer case. You need legal help since no company will
readily accept the claim. Law cases also have tons of paperwork. You may not
know the legal language and may mess up while writing a statement. In addition,
you may not know how to approach the defendant's insurance company. So, pool in
money and get yourself the best legal representation.
- Did The Doctor Fail To Provide Care?
As a patient, you deserve your doctor's time
and care. If the doctor fails to give you attention, it is a failure on their
part. If you were in the hospital and not administered help, that is a failure
on their part. The best way you can prove failure to provide care is through
medical records. Did the doctor bother giving you a discharge sheet? Were you
still sick after you got home? Were there any follow-ups? The devil is in the
details. You are allowed to hold your doctor accountable for everything they
did or did not do for you. If the doctor did not inform you about the complete
details of your case, you get to hold them accountable. Withholding information
is also malpractice. A doctor cannot obtain your informed consent if you don't
have all the information.
- Identify All Breaches
Breaching of duty includes numerous factors.
The doctor failed to prescribe the medicine that you need. The wrong amount of
dosage is getting administered to you. Your bandages are not getting changed as
frequently as possible. Messy stitches that do nothing for the wound. Excessive
bleeding due to inferior incisions. All of these and more come under breach of
duty. If you're coming in for a routine checkup and get more medicines than you
need, that is also a breach. Doctors cannot ignore your primary diagnosis and
medical history.
- Injuries You Sustained
It would help if you showed in court what
injuries you got. The injuries need to be different from what you went to the
hospital for. While filing for a medical lawsuit, injuries is an umbrella term.
The court will consider any harm you sustained from the hospital as an injury.
These are your deteriorating mental health, wounds, loss of limbs, and even
disability. If you suffered immense financial loss because of these injuries,
bring them to court. Make sure you have records of why you went to the hospital
in the first place. If you have concrete proof that you went to the hospital
completely intact, the case can roll in your favor.
- Credible Witness
You need people to vouch for your case. Apart
from friends and family who know why you were going to the hospital, it would
help if you had the medical staff. Doctors won't testify
against their colleagues, so your lawyer's connections will come in handy.
Medical personnel is necessary to testify that the injuries you have are due to
medical negligence. Medical personnel can further argue that you wouldn't get
these injuries in the hands of a competent doctor. Witnesses can also include
nurses who admitted you to the hospital. These nurses write your medical charts
as well as the time you came into the hospital. So without a compilation of
solid evidence along with witnesses, you may not get anywhere with your case.
Another critical piece of evidence is your bank statements. On record, there
needs to be a claim that you paid for all the treatments and didn't receive
any.
- Statute Of Limitation
You cannot file every legal case anytime, as there
are legal limitations. You need to know how your
state defines these limitations. For example, the standard
deadline for filing a claim is two years. However, the deadline can increase or
decrease according to state laws. There are also exceptions to the regulation.
The legal system takes into account that not all malpractice cases are
straightforward. Some malpractice cases take time to get understood. For
example, your doctor's malpractice may show up years down the line in the form
of an injury. If you were a minor when you got injured, you have a different
set of rules. If the prosecutor passed before a claim, the law also takes that
into account. Your best guide for understanding deadlines is your lawyer. So,
always go for a consultation before you launch your case.
- Submitting Certificate Of Merit
Suppose you have all your bearings in order.
That still doesn't mean your case is ready for a trial. You need to submit a
certificate of merit. Before any court can take up any case, it needs to get
reviewed. That means the statements you offer will get reviewed by the medical
board. If a physician can confirm the validity of your case, you will head to
trial. In addition, the defendants also get issued a notice to respond. If they
push for a settlement instead of a trial, you will get notified. Till both
parties are on the same page, the case will not proceed. So make sure you
prepare your stance with your lawyer. You should know how much settlement money
you want out of the case. In case of a trial, see how you want to proceed.
Wrap Up
The legal system is here to help you. However, before it can do that, there are some prerequisites you need to fulfill. These include knowing the process behind filing a claim. Medical lawsuits are nasty for a hospital's reputation. So, if you're going to hold a doctor accountable, make sure you're doing it with a concrete case. The defense will not go easy on you. But, with a good lawyer, you should be ready to counter all their claims. You need to ensure you have all your paperwork in order. These include all bank statements, medical charts, and witness statements. Don't forget to build a proper certificate of merit statement and pay heed to all the deadlines. If you can pinpoint where the breaches happened and their impact, the case may roll in your favor.
