Recognizing Medical Malpractice: Do You Have a Valid Claim?
Not all instances of medical malpractice are apparent and that’s both dangerous and problematic. However, there are methods that can be implemented to successfully recognize a potential claim against medical malpractice, if indeed there is one. Let’s get to know them.
Learn What Defines a Medical Malpractice Claim
When one or more patient(s) get hurt and/or die due to the negligent and/or incompetent action(s) and/or inaction(s) of one or more medical practitioners and/or other healthcare workers, the situation may qualify as an instance of medical malpractice. However, this definition only helps us understand the nature of medical malpractice in general, but it should not be used to validate a suspicion.
Learn What Defines a Valid Medical Malpractice Claim
In order for a medical malpractice suspicion to be considered valid, it must meet some minimum criteria. At the very least, there must be sufficient proof that:
The party had legally binding medical responsibilities and obligations towards the harmed patient.
The party failed to fulfill those responsibilities and obligations, be it due to negligence and/or incompetence.
The patient was actually harmed and/or killed because of the above negligence and/or incompetence.
Get to Know the State Laws in Relation to Medical Malpractice
State laws in regard to personal injury and medical malpractice differ quite a bit. Therefore, what might be a valid case in one state, might not be a strong one in another. The limits on maximum compensation, as well as the statute of limitations are also different across the US states. The statute of limitations for each state defines the deadline within which a medical malpractice claim must be drafted and filed officially.
Barring exceptional circumstances, you will not be able to file a claim past the statue of limitation, as would be valid for the concerned claim. Therefore, it’s important that you get to know the state laws that govern medical malpractice claims. Doing so will provide you with a better idea about the validity of your claim.
Verify Your Suspicions by Consulting with a Medical Malpractice Law Firm
Have you been harmed because of hospital malpractice?If so, and you have any reason to suspect medical malpractice, consult a medical malpractice law firm right away. Don’t worry about paying anything for a consultation, as you can usually book a free session for a medical malpractice claim evaluation and legal counsel at a reputable firm like Goethel Engelhardt. Medical malpractice law firms have their own doctors and other medical care personnel who will go through your case from a medical point-of-view to confirm/negate your medical malpractice suspicions.
If they find anything, the attorneys will go through those findings to estimate the case’s potential for securing a win first. If they see enough winning potential in the case, they will start tentatively estimating what the patient party can expect to receive as compensation on winning.
Note that how much a medical malpractice claim can get you will differ widely based on the state laws, the attorney’s skills, the nature of the medical malpractice, and the harm caused. In most cases, if a reputed medical malpractice law firm takes your case post evaluation, it means you have a high chance of winning.