Filing For Medical Malpractice? Know These First Steps
Medical negligence is considered to be the third leading cause of death in the United States, according to the Journal of the American Medical Association. As a result, up to $3.6 billion was paid out in medical malpractice lawsuits in 2013.
However, by paying attention to your health care documents and by knowing yourself you can help to prevent becoming one of the many unfortunate Americans who fall victim to medical malpractice every year.
What is considered medical malpractice?
Medical practice is defined as a medical professional’s deviation from the standard of care. For instance, the patient experiences an illness or injury that could have been prevented if the medical practitioner followed standard procedure and performed certain tests. The standard of care is considered to be what a careful medical professional would have done in the same circumstances.
How can you tell if you’ve been the victim of medical malpractice?
Because each medical professional is different, it may be challenging to recognize the negligent behavior. This is especially true when the patient is unfamiliar with medical practices.
However, the majority of malpractice claims are made after a medical professional’s negligence has resulted in a patient’s illness or personal injury. It’s important to note that negligent medical care is not the same as an unfortunate outcome. Some medical practitioners will own up to their mistake and inform you of their negligence to avoid litigation and the filing of a medical malpractice claim.
What do I do if I’m the victim of medical malpractice?
As soon as you have reason to believe you’ve been the victim of medical malpractice, it’s essential that you contact a medical malpractice attorney before filing a claim. A medical malpractice attorney is experienced in personal injury law and medical negligence cases.
During a consultation, they will review your medical documents to determine whether your case is worth filing. This is nothing personal against you, but rather because 80% of lawsuits involving medical malpractice often end without any compensation being made to the victim.
A medical malpractice attorney will most likely pursue your case only when the damages you’ve sustained from the practitioner’s negligence are explicitly documented on your medical records. If your lawsuit is viable, it’s essential that you file for litigation as soon as possible due to statutes of limitation, which differ from state to state.