Friday, January 08, 2021

Preparing to Pursue a Medical Malpractice Claim

When you enlist the services of a healthcare professional, be it for a surgery, psychiatric care, physical therapy, or dental care, you do so under the assumption they will keep you free from harm. As such, when these individuals or institutions don’t exercise due diligence and behave recklessly, causing injuries or damages, you have the right to file a suit against them.

If you find yourself in this situation, you’re likely eager to move forward as fast as possible to recover the compensation you deserve. However, if you want to find success with your claim, it’s important to slow down, think ahead, and take the necessary steps to prepare. Follow the tips below to ensure you’ve got all the tools and resources needed to succeed as you move forward. 

3 Key Steps to Take if You’re Pursuing a Medical Malpractice Claim

1. Hire an Attorney

The first, and possibly most crucial step, is to find a reputable medical malpractice law firm that will take on your case. Working with a lawyer will alleviate a major burden moving forward. These professionals are equipped with the knowledge, experience, and skills needed to most accurately and effectively represent your interests. 

Medical professionals are usually backed by major corporate lawyers, and attempting to go up against these professionals by yourself isn’t just intimidating—it can also be disastrous for your claim. Their main goal will be to poke holes in your arguments and try to turn things around on you. If you don’t know how to properly present your evidence, they could ultimately find a way to avoid liability on behalf of their client.

Furthermore, a medical malpractice attorney’s negotiation skills will likely come in handy when the time comes to figure out your settlement – they’ll have a better understanding as to what your claim is really worth, so you don’t miss out on any much-needed compensation. 

2. Put Together an Arsenal of Evidence

Evidence plays a key role in building a medical malpractice claim. Not only does it help to show the other party’s true liability, making it near impossible for them to avoid paying your damages, but it also helps to prove the true value of your claim. 

To start, gather any images or videos you took immediately after the accident. If possible, opt for footage with a date or time stamp to help validate your findings. You should also provide your attorney with a list of contacts who served as eyewitnesses. This might include family members, attending nurses, additional physicians, or friends. 

Finally, provide them with any documents or bills associated with the accident and any expenses incurred as a result. For example, this may include a medical report outlining the procedure or treatment administered, a report of your injuries from the hospital, and a repository of bills from treating said injuries. 

3. Find Out Your State’s Statute of Limitations

A statute of limitations refers to how long you have to legally file a lawsuit. Typically, this is a period of three to five years from the date of the accident. In the state of Florida, you have two years from the date of the discovery to begin the proceedings and file against the liable party. Although this may sound like a long time, acting earlier is better. Medical malpractice cases can take months to reach a settlement, and the earlier you are within that statute, the less likely you are to run into complications. 

After your accident, beginning a lawsuit can seem overwhelming. But with proper care and research, you can seamlessly move forward to recover the compensation you deserve. 

This is a guest blog entry.

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