What to Expect When Filing a Medical Malpractice Claim

Did you know that medical malpractice in the U.S. is estimated to cause over 250,000 deaths annually, according to a study by researchers at Johns Hopkins University? Medical errors, along with heart disease and cancer, are among the leading causes of death, highlighting the high number of preventable deaths caused by negligence. 

Filing a medical malpractice claim often involves complicated legal, medical, and procedural challenges. Understanding what to expect can help you prepare and reduce the stress and anxiety associated with the process. 

According to Riverside medical malpractice lawyer Kenneth M. Sigelman, individuals who want to seek legal action against medical malpractice should be aware of the initial steps to take and the common challenges they may encounter. A lawyer is usually required to deal with the complications of medical malpractice claims. 

This article will outline the key steps you need to take if you have suffered harm due to a healthcare provider’s negligence.

Understanding Medical Malpractice

Medical malpractice occurs when the healthcare provider does not follow the established standards of care, which results in the patient being injured and hurt. Misdiagnosis, surgical errors, and inappropriate treatment are all examples of medical malpractice.

To prove that medical malpractice has happened, you need to demonstrate that you were neglected and there was a breach in the standard of care.

Some errors are deemed non-negligent and not considered medical malpractice. An example is when a surgeon follows proper procedures, but a patient still has an unexpected reaction to anesthesia after undergoing proper allergen screening. The key factor in identifying medical malpractice is determining whether the healthcare provider followed the accepted standard of care. Recognizing this factor will help you check if your claim is valid.

According to medical malpractice lawyer William H. Elam, understanding the signs of medical malpractice would help you take the correct and informed steps to address the issue.

Initial Steps to Filing a Claim

You need to gather information about the situation before looking at the details of your medical malpractice case.

Identify your healthcare provider and the injuries you have sustained after your medical treatment.

Draft a timeline of events that shows what happened, including important details like the place and date. Recognize your objectives for pursuing your claim, such as receiving compensation for medical expenses, lost income, or pain and suffering damages.

It is advisable to consult a competent medical malpractice attorney who can help handle the legal process better and explain your rights.

Gathering Necessary Documentation

Once you have established the case details, the next step is to collect the documents you need for your claim.

Gather your medical records, including your treatment notes, test results, and discharge summaries. These documents detail the care you received and show whether there were any deviations from standard care practices.

Keep your billing statements, which will reflect the cost of your injuries. Keep records of any letters, notes, or emails to or from your health care providers, insurance companies, or legal representatives. 

If you have retained experts, include their opinions or reports. Thorough documentation will help your attorney build a strong case.

Organizing these documents beforehand makes it easier to find them when presenting the claim. 

Common Challenges in Medical Malpractice Claims

One of the common challenges in medical malpractice claims is proving negligence. Demonstrating that a health care provider was negligent during medical treatment is typically difficult, especially without expert testimony.

Healthcare facilities may delay release, require formal requests, or impose fees, making it difficult to obtain medical records.

Other difficulties include dealing with insurance companies, which will attempt to reduce insurance payouts and pressure you to settle quickly.

You must also familiarize yourself with the statutes of limitations that apply to your case.

Seeking Legal Assistance and Representation

To increase the chances of a successful medical malpractice claim, proper legal assistance and representation are required. An experienced attorney will analyze evidence and call on experts to give out testimonies that support your claims. Their experience allows them to determine what evidence will be useful for your case.

Medical malpractice attorneys are prepared to act as your primary legal representative when negotiating with insurance companies. Their legal assistance can help you secure the compensation you deserve for your injuries and losses.

Don’t hesitate to consult a lawyer with a successful track record in handling medical malpractice cases. A lawyer with a proven track record of success can improve your chances of winning your case.