Whether you visit a doctor at a small, independent practice or a large hospital for surgery, medical malpractice lawsuits have become par for the course in the American healthcare system. These charges are divided among bogus lawsuits, simple mistakes, and outright gross negligence. Regardless of the reasons, if you’ve been harmed, you need to enlist the assistance of a medical malpractice attorney. Here are three tips on how to file a malpractice lawsuit.
1. The Basic Anatomy of a Malpractice Lawsuit
The first step to putting together a successful lawsuit is understanding how damages are determined. According to Lawyers.com, the basics of what makes a feasible malpractice lawsuit is split into four parts: an established doctor-patient relationship, care that falls below the acceptable standard of treatment, otherwise called a breach, a causal connection between such negligence and the injury withstood by the patient, and quantifiable damages made to the patient.
2. Statute of Limitations
When it comes to filing civil lawsuits, each state has a statute of limitations, or in other words, a specific amount of time in which an injured party may file a valid lawsuit. This includes medical malpractice, according to FindLaw, which means that if you plan to file suit against a medical practitioner, you must do so in the time allotted by the state. By waiting too long, you can lose your opportunity to receive compensation where due.
3. How the Lawyer Gets Paid
In most personal injury cases, the lawyer doesn’t get paid if the client doesn’t receive a settlement or compensation. This varies from state to state and often is more nuanced depending on the case, so don’t be afraid to ask your attorney upfront. This is something that many clients forget to address, so make sure you have the full information before you proceed.
Failing to receive sufficient care from a medical provider can feel like the ultimate betrayal, and in reality, it is. If you feel that you’re entitled to receive compensation for damages caused by an incompetent healthcare provider, call a medical malpractice lawyer today.