When to File a Medical Malpractice Claim

If you have found yourself, or someone close to you, in a situation where there has clearly been some form of medical malpractice conducted, you’ll want to not only act quickly but also efficiently. The best way to do this is to first gain a bit of understanding on how claims work and then hire a medical malpractice attorney with a focus on med mal cases to fight for you.

The basic requirements for a medical malpractice claim

In order to first prove that some form of medical malpractice has occurred, you’ll first want to prove that a doctor patient relationship existed in the first place. This involves showing receipts, insurance bills, hospital bills and pretty much any piece of paperwork that would tie the two of you together.

Then you’ll want to go ahead and start the claim that your doctor was indeed negligent. This involves your diagnosis or medical treatment. In order to successfully sue for any form of malpractice, you must first be able to show that the doctor in question caused you harm that a normal competent doctor would not have. Generally speaking, you’ll need a medical expert to discuss the medical standard of care and to show how the doctor lacked reaching for the standard.

The next thing you’ll need to prove is whether or not the doctor’s said negligence is what cause the injury. This is because even though most of the time a doctor’s negligence is the reason behind the injury, there have been a few cases where it was actually not the reason why the injury was suffered or caused.

The last basic need of a medical malpractice claim is to outline what harm has been done. These can include physical pain, lost work and thus a lost earning capacity, additional medical bills that would have not been had if the damage wasn’t caused in the first place and mental anguish.

Common types of medical malpractice

There are a few different types of medical malpractice that you’ll see when researching what to do with your own case. The most common types include failure to diagnose, failure to warn patient of known risks (common or not) and improper treatment.

When to file a medical malpractice claim

You’ll want to file a medical malpractice claim as soon as you can. If you wait too long to file, you may find that the evidence against your doctor is no longer as sound as it was in the beginning, right after the injury was sustained.

Who to hire to help you with your claim

When preparing to send in a claim, the first thing you’ll want to do is to hire a medical malpractice attorney. This attorney will then help you through the maze of paperwork that each claim will need and thus produce. They’ll also make sure that you understand exactly what you’ll need to do and who you are up against.

Knowing when to file a medical malpractice claim is just the beginning. Because claims require a lot of knowledge and can be on the time sensitive side, it’s best to not only do your own research but to hire the help of a medical malpractice attorney that will be there throughout the duration of the claim process.