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.