Did you know that approximately 33% of doctors are sued by medical patients for medical malpractice during their careers?
If you’re like most people, you probably don’t know much about medical malpractice law. And that’s okay because most people don’t.
That’s why it’s so important to be aware of the common mistakes made during a medical malpractice claim. These mistakes can cost you time and money and may even prevent you from receiving the compensation you deserve.
But don’t worry. Keep reading to learn more about the seven medical malpractice claim mistakes and how to avoid them.
1. Not Meeting the Statute of Limitations
When you are injured or killed due to medical negligence, you have the right to file a medical malpractice claim against the responsible parties. However, every state has laws that limit the amount of time you have to file such a claim.
This is known as the statute of limitations. If you do not file your claim within this window, you will be unable to seek compensation for your injuries and losses.
It is important to check with an experienced medical malpractice attorney to ensure that you are meeting all of the requirements for filing a claim. The attorney can help you determine the statute of limitations in your state and ensure that you are taking all of the necessary steps to protect your rights.
Don’t let the statute of limitations prevent you from seeking the justice and compensation you deserve.
2. Not Consulting With an Experienced Medical Malpractice Attorney
Filing a medical malpractice claim can be a complex and daunting task, especially if you try to do it on your own. Medical malpractice laws vary from state to state, and it can be difficult to know what evidence to gather and how to navigate the legal system.
That’s where an experienced medical malpractice attorney comes in. A good lawyer will have a thorough understanding of the applicable state laws, know how to collect evidence, and be able to negotiate with the insurance company on your behalf.
If you’re considering filing a medical malpractice claim, it’s important to consult with an experienced attorney who can help you through the process.
3. Not Having Adequate Medical Records
Medical records are crucial in personal injury cases involving medical care. They provide essential evidence about the level of care that a patient received, and can help to establish whether or not a doctor or hospital was negligent.
Without adequate medical records, it can be very difficult to prove that a defendant was aware of a plaintiff’s condition and failed to act accordingly. For this reason, it is important to work with an experienced attorney who can help you to obtain the necessary records and build a strong case.
If you have been injured due to medical negligence, don’t hesitate to seek legal help today.
4. Not Understanding the Strengths and Weaknesses of Your Case
No one wants to go to court, but sometimes it is necessary in order to protect your rights. When faced with the decision to file a lawsuit, it is important to understand the strengths and weaknesses of your case.
An experienced attorney can help you evaluate the facts and identify any potential problems. Additionally, an attorney can determine what strategy would be most likely to succeed given the specific circumstances of your case.
While it is never guaranteed that you will win in court, understanding the strengths and weaknesses of your case can give you a better chance of success.
5. Not Being Prepared for Settlement Negotiations
Settlement negotiations in medical malpractice cases can be complex and it is important to have an experienced attorney by your side. There are many factors that must be considered in these types of cases, including the severity of the injuries, the cost of future medical care, and the impact on the victim’s quality of life.
An experienced medical malpractice attorney will understand the value of your claim and will work to ensure you are compensated fairly. Without an experienced attorney, you may be at a disadvantage in these negotiations and could end up with an unfair settlement.
If you have been injured by medical negligence, contact an experienced medical malpractice attorney today to discuss your case.
6. Not Being Aware of the Potential for a Counterclaim
When you file a medical malpractice claim, the defendant may try to counterclaim that your own actions or negligence contributed to your injury. An experienced attorney can help defend against these allegations and advise you on how to proceed.
Counterclaims can be difficult to prove, but if the defendant can show that your actions did in fact contribute to your injury, it could reduce the amount of damages you are awarded. For this reason, it is important to consult with an attorney before filing a medical malpractice claim.
With their knowledge and experience, they can help you navigate the potential counterclaims and ensure that you are best positioned to receive the compensation you deserve.
7. Not Appreciating Compensation Caps
Different states have different laws regarding compensation caps in medical malpractice cases. It is important to understand if your state has such a law in place, as it can impact the amount of compensation you may be entitled to if you win your case or reach a settlement agreement.
An experienced attorney will be familiar with the laws in your state and can advise you on what to expect. In some cases, it may be possible to get around the compensation cap by filing a separate claim for pain and suffering damages.
If you have been injured by a medical professional, it is important to consult with an experienced attorney to ensure that you are taking all the proper steps to seek the compensation you deserve.
Avoid These Medical Malpractice Claim Mistakes
Now that you know about all the medical malpractice claim mistakes that you can make, it’s time to start the claim filing process. It’s at this point that we recommend hiring a medical malpractice lawyer to help you. And we hope that you’ll consider trusting us to represent you in a medical malpractice case.
We can set you up with a talented and experienced medical malpractice lawyer in Nashville, TN who will assist you at every turn. They’ll make sure they put you in a position to get all the money you deserve following your medical malpractice case.
Touch base with us today to hear about our medical malpractice lawyers.
Posted in: Medical Malpractice