When a medical emergency strikes, you rely on the care and expertise of medical professionals to help you treat your symptoms. While complications from medical treatment could arise, it is important that you are able to recognize
when these complications are the result of negligence.
If a medical professional is negligent when it comes to providing the care you need, you may be eligible for financial compensation to help you combat the emotional side effects of a botched treatment and the cost of seeking additional medical care in the future.
Here are 3 important tips to keep in mind as you work with an experienced attorney to mount a successful medical malpractice case in the future.
1. Identify the parties that need to be named in your lawsuit.
When trying to mount a medical malpractice case, you need to carefully assess the medical providers responsible for your care. Identifying the parties that should be named in your lawsuit ensures that a court will be able to assess liability for your medical malpractice claim.
Doctors are often independent contractors that are not employed by hospitals, and emergency response personnel are typically employed by independent companies that contract with hospitals to provide emergency care as well. Knowing who employs your medical providers will allow you and your attorney to accurately identify the parties that need to be named in your medical malpractice lawsuit.
2. Comply with procedural rules before filing your lawsuit.
It's important that you work with your attorney to identify any procedural rules that must be followed before you can file a medical malpractice lawsuit.
You may be required to submit your claim to a medical review board or file an affidavit prepared by a medical professional attesting to the fact that you have a valid claim. You should also check any paperwork that you signed prior to receiving medical care to see if you agreed to engage in mediation or another form of alternative dispute resolution.
These procedural rules must be followed before a court of law will recognize your medical malpractice lawsuit. Your attorney will be able to evaluate your unique situation to determine which procedural rules apply to your medical malpractice case.
3. Determine your damages.
Accessing financial compensation after being harmed by a medical mistake is the primary reason why patients opt to pursue medical malpractice lawsuits. In order to ensure that your own lawsuit is successful, you need to determine the types of damages you will ask for when filing a complaint.
Carefully assess all of the harm that you have suffered as a result of a medical mistake. This harm can include past and present medical expenses, emotional suffering, inability to work in your chosen profession, or lifestyle changes (which can include a loss of the ability to participate in sports or enjoy certain types of family activities).
Your attorney will be able to help you determine a financial value to assign to your damages, ensuring that your medical malpractice lawsuit has the best possible chance of yielding the financial help you need to cope with the effects of a medical mistake.
The preparation and filing of a successful medical malpractice lawsuit can seem daunting. With the help of an experienced attorney, you will be able to identify the parties you should sue, comply with procedural rules, and determine the type of damages that should be included in your complaint.
If you feel that you have been harmed due to the negligent actions of a medical professional, contact the Law Offices of David A. Helfand, P.A.
for assistance in mounting a medical malpractice lawsuit.
