What to Do When You Become a Victim of Medical Malpractice?

Medical malpractice and health care reforms have become major issues, especially in the current volatile political climate of the Obama administration. Add to it the rising costs of healthcare and diminishing coverage for most individuals. In such demanding situations, if you become a victim of medical malpractice, it is time you stand up, be counted and know your rights. Since every state has its own interpretation of consumer medical malpractice rights, it is recommended you consult an attorney or lawyer well versed in this field.

Firstly, before you meet your attorney, compile all the facts, records and evidence. Also discuss your case with a medical professional and obtain a sworn affidavit from him/her justifying your case. Courts require this affidavit to evaluate your damages and the monetary benefits you are eligible for. However, time is of major essence here. Many civil and state courts require you to file your claim within a specified amount of time. You typically have 24 to 30 months within which you can file your malpractice claim. A lawyer with medical background is of paramount importance in such a situation.

Lawyer Malpractice

Secondly, get a fair idea of the costs and overheads you are likely to encounter while filing your case. Make sure both your attorney and you have the right resources to cover every facet of the case. This includes physicians' opinions and testimonies, exhibits, medical records and transcripts, illustrations, models and diagrams.

What to Do When You Become a Victim of Medical Malpractice?

Finally, you must successfully prove the following:

1. Your health care provider/physician owed its/him/her duty to you
2. Your health care provider/physician breached its/him/her duties
3. You have been rendered an injury due to negligence or breach of duty

In many cases, attorneys turn down requests to file for malpractice cases. Your attorney will do so if:

1. You are unable to find any expert to testify in your favor
2. The cost of pursuing a claim exceeds the expected returns from the verdict

Steps Taken by a Medical Malpractice Lawyer

An experienced lawyer would normally follow these steps:

1. He/she would interview the patient or the family members of the deceased and gather all data that would help confirm his/her suspicions. He/she would evaluate the nature and potential amount of losses incurred from the case. He/she would also review the medical history of the survivor or the deceased.

2. Obtain relevant medical records and evaluate them vis--vis the period of malpractice.

3. Select a medical advisory panel that would review the records and make necessary observation and recommendations. This step is mandated by the law.

4. Evaluate the recommendations and determines whether the case qualifies as a successful malpractice claim.

Based on these, the client will be advised on whether to proceed with filing a lawsuit or refrain from it.

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Russ Babka, a medical malpractice lawyer can help you with a lawsuit.

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