• Brad Keating

Important Things To Consider Before Filing A Medical Negligence Claim


Seeking medical assistance is every person's right, and you should be treated humanely. But in your quest for optimal health, you might be a victim of medical malpractice. What is medical malpractice? You might ask. In layman's terms, this is when a healthcare provider neglects their duties to provide you with quality healthcare services. In the process, you might end up getting worse than you came in. This is also termed as medical negligence, and you have every right to file a lawsuit. To shed more light on the matter, below are important things you need to consider before filing a medical negligence claim.


Hire An Attorney

Before you rely on conventional wisdom that states that you can represent yourself, think twice. Medical malpractice cases are complex and self-representation should be out of the equation. Hiring a medical malpractice attorney increases your chances for fair compensation. Additionally, you need some legal terms explained to you. You also want to know if you have a case or not. All these will be explained if you seek the right legal channels. Kathryn Snapka from the Snapka Law firm reiterates the importance of personally filing your claim with the assistance of a qualified attorney. Most law firms will offer free consultation services. Dealing with insurance adjusters is not a one-man’s job. You'll need all the help you can get as insurance adjusters will come with their “guns blazing”. To help you out, below are factors you need to consider before hiring a medical malpractice attorney:


  • Read online reviews to know what other clients are saying about them

  • Ensure that their area of practice is centered around medical malpractice law

  • They must be experienced

  • Check their rates


Consider The Cost Of Filing The Claim

When seeking compensation as a result of medical malpractice, you'll need to be open-minded and while at it, lower your expectations. This is because there are no guarantees that you'll end up victorious. This is not to discourage you, but to set you up on a path that you'll not end up regretting. While taking your case to court might sound like the most logical of ideas, there are legal costs involved. For starters, you'll have to pay your attorney a considerable amount of money, depending on your contract. But you have the option to settle the matter out of court if your attorney advises you to.


Preserve The Evidence

When filing a medical malpractice lawsuit, you'll need to be armed with enough proof. This means that you should have all the medical documents as pertains to your claims. Accuracy in such cases is what will warrant a hearing. There has to be substantial evidence that the doctor-patient relationship was the cause for your troubles. You must also show that the primary caregiver was liable for the malpractice. The opinions and reports from another doctor will play a vital role in strengthening your case. Documenting evidence might be in the form of pictures, X-Rays, ultrasounds, witness statements, and reports from medical experts.


Eligibility To File A Medical Malpractice Claim

If you feel that your rights were denied when seeking treatment and that it caused you more harm than good, then you have every right to file a medical malpractice claim. Different states have different timeline requirements that dictate the timeframe for filing a medical malpractice claim. Do not be caught off guard because you delayed filing your claim. It's for this reason that you need to talk to your attorney as soon as possible. One more thing, these cases can take time so you need to be patient and while at it, prepare yourself psychologically.


Compensation Calculator


Let's face it, you cannot put a price on life, and neither can you equate the value of the damages caused after medical malpractice. When calculating the value of your compensation, medical malpractice solicitors will take into account variables that might include:


  • The impact of malpractice on your life

  • Loss of income

  • How long it has taken or will take to experience a full recovery

  • The severity of the damages


You will also have to deal with insurance adjusters who will downplay your every move. If you choose to settle in court, you'll have your attorney to represent your plight. But, and as earlier mentioned, you can still settle the matter out of court. But be careful, as such negotiations can end up favoring the defendant.


You have the above pointers to help you before filing a medical malpractice claim. It's going to be a treacherous journey, but one that you can emerge victorious if you hire a qualified and experience medical malpractice attorney.