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Filing a Case against Medical Malpractice

Posted on October 5, 2015 in Personal Injury Law

It is a natural reaction for people to go to the hospital in case of illness or injury. However, there are instances wherein the patients receive wrong diagnosis and poor medical treatment from healthcare providers such as doctors, nurses, medical workers and other people working in the field of health. To resolve the issue, a patient can file a medical malpractice claim.

A medical malpractice claim is a direct legal action that can be taken by patients who were directly affected by negligent actions by a medical professional or a medical provider. Since medical professionals and hospitals are responsible for the well-being of their patients, they are expected to carry out their duties responsibly under their code of ethics. Their actions need to address the patient’s healthy by providing accurate diagnosis and treatment. Any failure or negligence in delivering the expected medical care to the patients will result in a medical malpractice claim. This article will discuss the basics of filing a case against medical malpractice.

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Understanding the Legal Requirements Needed in Filing a Claim

Knowing the legal requirements for filing a case against medical malpractice is one of the first few steps that you need to undertake. For a patient to be considered for a medical malpractice claim, the patient in questions needs to submit proof that he or she suffer from an injury or some form of damage caused by the negligence and wrongful actions from the medical professional. These actions need not be directly inflicted as a faulty prescription or misdiagnosis can still be considered as a medical malpractice due to its long-term effects.

The primary reason patients need to file a case against medical malpractice is to recoup finances from the emotional stress and physical injury inflicted by the doctor’s negligence. The laws associated with medical malpractice claims are dictated through state interpretation which also varies each state.

Some states require patients to submit a certificate of merit to serve as proof that the injuries they are suffering were the result of medical malpractice. To secure a certificate of merit, you need to get in touch with another expert, usually another medical practitioner to study your medical records and certify that the doctor in question deviated from the appropriate medical practices, which resulted in damages in your mental and physical well-being. The lawyer will then file the certificate of merit to confirm that a third-party medical expert who provides merit to your claims.

How to File a Medical Malpractice Case

You need to gather all necessary information regarding your case to recoup the expenses you incurred due to the emotional distress and physical injury caused by the doctor’s negligent actions. You will need to take note of all the actions that your doctor carried out, diagnoses, prescriptions and all proof of time or wages lost due to the injury. These pieces of information will be presented at the medical malpractice trial.

As soon as you gather all necessary information regarding your case, and you have fully understood your state’s interpretive laws regarding medical malpractice, you will need to hire a lawyer who specializes in medical malpractice cases to better facilitate your claim. You can utilize numerous resources such as the internet, yellow pages or direct recommendations to hire an attorney. Talking to them is the best way to know more about filing a case against medical malpractice.

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