Understanding The Legal Requirements Of A Medical Malpractice Claim


Are you thinking of filing a medical malpractice claim in court? Are you aware of the legal requirements for the case? If no, then this article is what you need to read right away!

Medical malpractice claims are complex, but what is more difficult is to achieve successful results. Practitioners are well aware of how to prove your claim false or convince you for a settlement. That is why you need to know and understand the legal requirements before you set your steps for the claim.

1.     The Doctor Or Practitioner Must Be At Fault: The first and the foremost requirement for filing the case is that the doctor who was treating you is at fault. This means that his carelessness or negligence resulted in damage to you or your loved ones.

If the accident did not involve negligence from the healthcare professional side, as in cases of “surgeries that involve high risks”, then chances are that you might not be able to file the lawsuit.

2.     The Case Should Fall Under Medical Malpractice: It is again very important that the scenario is a medical negligence case. For example, if you fall on the stairs of the hospital or harmed due to self overdosage of medications, then it is not a medical malpractice case.

For filing your case under medical negligence, it should fall in one of the following six categories:

ü  Errors in diagnosis
ü  Errors in surgery
ü  Errors during delivery of baby
ü  Negligence from dental practitioner
ü  Wrong prescriptions
ü  Errors in lab reports

3.     You Should Have Supporting Evidence Or Witness: Even if you are a victim and have suffered harm due to negligence of a health care professional but you don’t have the evidence or a witness to support your claim, chances are that you will not be able to win the case. That is why you should keep every record safe. Miami medical malpractice lawyers recommend to bring all your documents along with you when meeting your attorney for consultation.

4.     You Should Sign The Affidavit Of Merit: Some state laws require to sign an affidavit of merit from you or your lawyer. According to the affidavit, your attorney has viewed your case and has consulted a medical expert before arriving at conclusions that the plaintiff deserves fair compensation. If you are the one signing the affidavit, then you should be the one seeking consultancy from medical experts.

5.      You Shouldn’t Be The One At Fault: You should not be the one at fault to qualify as a plaintiff. If the injury you suffered was your own mistake, then you will not be able to gain the plaintiff’s compensation.

For example, if you missed your immunosuppressant drugs that resulted in a transplanted organ failure, then your doctor will not be charged with the liability.

Medical malpractice laws are very difficult to understand therefore it is recommended to hire a lawyer with extensive years of experience before filing a lawsuit.

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