Do you feel like you have a case for medical malpractice? There are a few things that you should know about before you move forward with your claim starting with what it entails.
You’ll have to be aware of your time limit and consider everything such as how you will even fund your claim. You also need an experienced lawyer who can tell you if you have a claim and how you can get the proof you need to support it. Does all of this sound a little overwhelming?
We’re here to give you a head start. Here is everything that you need to know about going through with a medical malpractice lawsuit so you can get the compensation you deserve.
1. What Is Medical Malpractice?
The first thing that you need to know is what medical malpractice is. It usually involves medical negligence. You’ll have to show that any injuries you have are because your medical care fell below standards.
In fact, you’ll have to show that your injuries or illness wouldn’t have occurred if you had to have received proper care. You can go here to read more on what qualifies as medical malpractice.
2. There Is a Time Limit
There is a time limit with filing your claim. Usually, you have to come forward at least three years after you’ve noticed the problem and suspect it might have been due to the medical care you received.
There are a few exceptions to this rule like if you’re under eighteen, or if you weren’t or aren’t mentally sound. The judge could make some other exceptions, however, unless it’s one of these, it’s going to be highly unlikely.
3. You Need to Find a Lawyer
You can’t get just anyone to help you with this claim. You need to find an experienced medical lawyer. This is someone who is completely knowledgable in the field of negligence that you’re putting your claim in for.
They can tell you if you even have a case before you move forward. If it looks like you do, they will begin formulating the next steps with you.
4. Don’t be Suprised if You Don’t Go to Trial
Most of the time, medical negligence cases are settled before they go through a complete trial. In a lot of cases, the defense moves forward with a settlement offer. Though, just because these cases rarely go to trial that doesn’t mean you won’t be an exception.
It all depends on the details of the case, so be ready for both scenarios just to be safe.
5. It’s Not Limited to an NHS Doctor
Don’t be under the misconception that NHS doctor is the only one that can be held accountable for medical negligence. Any doctors can be brought to trial including dentists, private clinics, eye doctors, even a cosmetic surgeon.
So don’t make the mistake of not going forward with your claim because you think that you won’t have a case due to the doctor. Again, a lawyer will tell you if you have a claim so at least ask them.
6. Find Out How You Will Fund It
Back in the day you would have had the option to fund your claim with Legal Aid. Now, this is only given out in special circumstances. Your best bet would be to go with a Conditional Fee Agreement.
A Conditional Fee Agreement is also known as “no win, no fee” meaning exactly what it sounds like. You can also go with private funding but not many use this option.
7. You Need to Get Proof
If you don’t have proof, there is a very large possibility that your claim won’t stick. It’s for this reason that you need to keep up with any records regarding your medical treatment. This includes notes, correspondence, even medical opinions.
These things might seem small and insignificant but anything helps when you’re trying to file a claim.
Getting Additional Proof
If you need any additional proof to move forward with your medical malpractice lawsuit, your lawyer can get this for you from the facility in question. They will know exactly what to ask for so put your trust in their hands.
You’ll Need Witnesses
In most cases, witnesses will have to come forward to state what happened while you were in the facility’s care. This will be the most important piece of evidence that you can use.
8. How Long It Will Take
There isn’t an exact time frame on a claim. It can take 18 months or three years. It depends on how the defendant feels about liability, how severe your injuries are, and how complicated your claim is.
So, if the guilty party protests the claim, your injuries are excessive, or there are a lot of complicated matters involved, expect it to take a bit before you see any real results.
How You Can Get Compensation from a Medical Malpractice Lawsuit
Medical Malpractice is one of the biggest causes of death. The pain that can come from it can be excruciating. Having to go through a huge medical malpractice lawsuit can make it even more so.
You can make this process go a lot smoother for yourself by familiarizing yourself with it and going through the correct steps. Use this guide to get you started and help you get the compensation that you deserve.
Do you have more medical questions? We have the answers! Visit our health & wellness archives for more articles like this one.
