Every jurisdiction takes a slightly different approach to medical malpractice, but all states have a statue of limitations for filing these claims. Ask a local attorney or refer to state law to determine whether a case falls within the deadline before proceeding.
Ask the Doctor First
Before filing a claim, consult the physician who provided the care. Sometimes, doctors can offer free referrals or additional services to address the issue. In all cases, open communication and proper follow-up care are the right steps to take.
Call an Attorney
Because medical malpractice suits are complex, victims should hire an attorney right away. In the first stages of a case, an attorney can review evidence and explain what’s needed to prove that malpractice has occurred. Consulting an attorney can give prospective clients the chance to determine whether the lawyer’s style is a good fit.
If the Victim Sues
If follow-up care isn’t helpful, the client should call the doctor’s licensing board. Physician licensing boards can issue warnings, discipline doctors, and tell clients what steps to take next. Most jurisdictions require victims and their attorneys to file certificates of merit, which means that the patient’s medical records have been evaluated and that it has been determined that appropriate care was not provided.
Defend the Case
If a physician admits to medical malpractice after going over the evidence with their attorney, the case will go no further. However, if the doctor doesn’t admit fault, a civil trial by jury will determine whether malpractice has occurred. If the physician is found guilty, the victim will get a settlement based on the damages suffered.
If a Settlement is Granted
When settlements are granted out of court, defense lawyers write a release document detailing the settlement’s terms. Both legal teams must agree upon the release; the agreement can happen right away, or it can take months. Once the release is agreed upon, the victim should sign it after contacting a lawyer within Website Domain for a free consultation. It is important to read the release carefully, because a case cannot be renegotiated after the papers are signed.
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