An injury caused by medical error or negligence can be a very traumatic experience. The consequences can also be physically and emotionally devastating. Most of the patients who have been a victim of a medical error or negligence often feel a wide range of emotions such as anger, betrayal, confusion, disappointment, and frustration. 

Medical malpractice is considered when a medical professional’s negligence caused harm and considerable damage to a patient, especially if it occurred because the standard quality of care wasn’t given when the patient required medical attention. There are many types of medical errors that may fall under malpractice, but more importantly, medical malpractice laws also vary between states.

It’s also worth noting that most patients are also unaware when it comes to protecting themselves against medical malpractice, or what to do when they encounter a potential case of malpractice. This is also why some cases get worse and eventually lead to an even stronger malpractice claim against the medical professional or their facility. For example, one of the Fuchsberg law firm’s clients, based on an article they wrote, had a chemical burn but ended up having two fingers amputated because the hospital he went to failed to provide sufficient treatment. Complications like this that could’ve been avoided make for a strong medical malpractice lawsuit.

So, if you or someone you know is a victim of medical error or negligence, don’t forget that you have the right to file a claim against the medical professionals who committed the mistake. With that said here are four things you need to consider when filing a medical malpractice claim.

The Strength Of Your Claim

First, determine if the case presents a strong and valid claim against the medical professional in question. There are two important things you need to establish your medical malpractice claim:

  • Proof that the medical professional breached protocols, or was not able to provide you with an acceptable standard of care. 
  • Proof that the injury was caused by the alleged medical malpractice or negligence.  

It’s crucial that you consult a medical malpractice lawyer to help you gather all the evidence you need. Your attorney will also advise you if there’s indeed medical negligence, and tell you how likely it’ll be for you to win the case. In some cases, the malpractice that caused the injury is so obvious, and it speeds up the claim process.  

The Burden Of Proof 

In medical malpractice cases, it’s up to the victim’s party to prove the liability of the responsible party. This means you and your lawyer will have to do your best to prove that the medical professional’s error or negligence was the reason that you’re now suffering from an injury. You must also show proof of all the losses or damages that you incurred from the injury caused by the error.

Potential Settlements

No matter how much you believe that your medical malpractice claim must be heard by the court, the truth is, it’ll most likely be settled out of a courtroom. The majority of medical malpractice cases don’t even make it to the courtroom. Most of them are settled outside rather than litigated in court. This is because medical malpractice claims are expensive to pursue, so it’s much cheaper for medical professionals and their insurance companies to pay a settlement than to pay for the legal costs of litigating a medical malpractice case. Not to mention that they might also risk tarnishing their reputation as medical professionals once a malpractice case goes to court. 

Consulting An Experienced Medical Malpractice Attorney

When you work with an attorney to represent you in a medical malpractice case, you’ll be better equipped to fight for your rights and receive the settlement that you deserve. An experienced medical malpractice lawyer can also help you get the largest possible settlement amount for your case based on your actual losses. 

Many factors go into determining how much a settlement will cost. In addition to the nature of the injuries and the extent of damage incurred, a court will take into consideration whether the settlement should be awarded on a contingency basis or based on actual net proceeds. Contingency-based settlements are more affordable, especially if the case requires ongoing treatment or medication. In addition to receiving a large settlement, you may also be eligible for financial assistance to help with your living expenses while you recover from your injury.

Conclusion

Malpractice laws can be very different from one state to another. Aside from the deadlines for filing the claim, the entire legal process can be overwhelming especially if you’re already dealing with an injury. So, if you suffered an injury or complication which you think may have been caused by a medical professional’s negligence, you need to act fast and consult a medical malpractice lawyer as soon as possible. 

Cite this article as:
Editorial Staff, "3 Considerations For Filing A Medical Malpractice Claim," in Medicalopedia, May 4, 2021, [Permalink: https://www.medicalopedia.org/9715/3-considerations-for-filing-a-medical-malpractice-claim/].