According to experts, 33% of medical malpractice suits stem from mistakes when diagnosing patients. This number is only the tip of the iceberg since poor clinical decisions cause 50% of these claims. However, suffering an injury due to medical care doesn’t automatically make you eligible to file a malpractice lawsuit.
Before you run to file your claim, it’s vital to know where you stand by learning must-know facts about these lawsuits. Don’t know where to start?
We’ve got you covered. Here are the top five facts you should know about medical malpractice before filing your claim.
1. Medical Malpractice Injuries May Not Be Evident
Most patients believe medical negligence will be evident immediately after being treated. Depending on your diagnosis, treatment, and other factors, you may notice your symptoms sometime after visiting your doctor. Keep in mind that you should consult an attorney as soon as you notice any signs of your injury.
2. You Must File Your Claim Before the Statute of Limitations Lapses
Believe it or not, your eligibility to file your claim will depend on the statute of limitations applicable to your type of claim. This term refers to the time limit established by law that allows plaintiffs to file their cases.
Most jurisdictions require you file your claim within 1 year of learning about your injury. If the statute of limitations lapsed, you may not file a medical malpractice lawsuit.
3. Your Medical Records Will Be Pivotal to Proving Your Claim
You may think the symptoms of your injury are enough to prove your case in court, but that’s far from the truth. The court and other parties in your case will ask to take a look at your medical records.
Before filing a claim, it’s important to take a look at your medical records. Consider conducting a medical malpractice case screening to make sure your claim stems from malpractice and not medical malocurrence.
4. You May Obtain Relief for Your Injury Without Going to Court
Believe it or not, you may obtain relief for your injuries without putting a foot in court. It will come down to your claim and the evidence.
When patients have a strong claim, they will receive an offer of settlement from medical malpractice insurance companies instead of fighting the claim in court. When you meet with your potential attorney, you should ask them about their experience with medical malpractice settlements.
5. Medical Malpractice Suits Take a Long Time to Settle
While filing a lawsuit may help you obtain the relief you deserve, you should keep in mind it may not happen overnight. These cases take a long time to settle due to their complexity.
Before filing your claim, you should sit down with your attorney and discuss what to expect. Your lawyer may offer insight into how long it may take and the potential monetary relief.
Can You File a Medical Malpractice Lawsuit?
Depending on your injury and when you suffered it, you may be able to file a medical malpractice claim. Malpractice suits are challenging to prove in court. Before filing your case, you should consult a medical malpractice attorney.
A legal expert can provide insight into your eligibility to file a claim and even the potential payout. Consider consulting a lawyer who specializes in your type of claim.
Narrow down a list of the best medical malpractice attorneys in your area and schedule several initial consultations. You should hire a lawyer who offers the best strategy and potential outcome in your case.
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