Some people are reluctant to file a
medical malpractice lawsuit because they feel that people sue over everything these days.
If you suffered a catastrophic injury, infection, disfigurement, or amputation
as a result of a medical mistake, however, you should not hesitate to
pursue compensation for your losses. If you don’t, you will be held
responsible for all medical expenses you incur. Plus, you may put other
innocent patients in jeopardy.
If you decide to file a claim, you will need to find a medical malpractice
attorney to handle your case. Rather than relying solely on Google, do
some research. Check with your local bar association or ask friends and
family members for referrals. Make sure the person you choose has experience
handling your type of injury and that he or she has experience going to
court, in case your claim goes to trial.
It is important that you provide your lawyer with paperwork, such as:
- medical records;
- hospital bills;
- the doctor’s contact information; and
- documents that prove your earnings.
In order for a medical malpractice claim to go forward, you need to have
certain facts in place. First, you need to prove that you had a doctor-patient
relationship with the physician and that the physician breached his or
her duty to provide you with an acceptable standard of care. This means
that the doctor did not handle your health care in a way that most reasonably
competent physicians would.
Next, you need to prove that the injury, infection, or disfigurement that
prompted your claim was the direct result of the doctor’s failure
to provide you with an acceptable standard of care. With the help of expert
witnesses, a malpractice lawyer can show within a reasonable likelihood
that the doctor’s actions caused your health problem.
Obtaining the documentation involved in proving your case and getting expert
witnesses to testify can draw out a case. Oftentimes, the insurance company,
hoping to avoid the time, paperwork, and expense of a trial, will offer
the claimant a settlement. Sometimes, these settlements can be generous,
but other times, they may not be a fair amount. An attorney can help you
obtain the best settlement possible.