Having to hire a hospital malpractice attorney can be a daunting and stressful situation. Perhaps you recently were misdiagnosed with an illness, but not before you began receiving treatment for a something you do not have. Or, maybe a surgery left you in a worse condition. These or similar experiences may lead to a legitimate claim against the hospital, physician or other medical professional where you were treated.
Here’s some information on what you can expect from a claim against the negligence of another person or entity.
What is Considered Malpractice for Medical Cases?
Medical malpractice is an act that occurs when a medical professional fails to correctly diagnose a patient. This can also occur when a patient is improperly treated, such as receiving the wrong type of care. Medical malpractice may also apply when a patient is treated without his or her permission.
How a Malpractice Case Begins
Most health care providers aim for the highest standard of care for all patients. However, there are still times when something goes wrong. In those cases of a bad medical experience that results in injury or harm, the patient might be entitles to a financial recovery.
Some basic steps to pursuing a medical malpractice claim are:
- Identify statute of limitation for filing
- See if the medical professional can or is willing to remedy the situation
- Request that the licensing board issue a warning or take disciplinary action against the medical professional
- Determine if a certificate of merit is required to show the injury or harm you suffered was from professional negligence
An attorney can help determine if you have a strong case and whether you should accept a settlement or go to court.
Possible Defenses for Your Case
Once you decide that filing a malpractice claim is what you want, determining the best defense is an important consideration. A common defense is to prove an element of negligence occurred. These are breach, causation, duty and damages.
A medical professional might assert contributory negligence as part of his defense. This is when a physician, for example, might try to prove that you did something negligent that contributed to your injury or harm. His legal goal is to show that the injury or harm would not have occurred but for your negligence.
Knowing what you are up against allows you to fully discuss the strengths of your case. An attorney working on your behalf will not sit idly by and allow you to take the blame for the actions of another.