Medical malpractice laws have been created for the purpose of protecting the rights of a patient that was subjected to poor medical treatment or care. If a patient suffers an injury that results in harm because a hospital acted negligently, the patient has a legal right to pursue a claim and obtain compensation for their damages. Despite the purpose of medical malpractice laws, the patient must take action in order to assert their rights through these laws. Certain steps must be taken in order to file a medical malpractice claim against a hospital.
If these steps are not executed, it may hinder the chances of a successful case for the patient. The firm of doctor error attorneys at the Tampa location has handled various malpractice cases throughout the many years of practice and are aware of all of its intricacies. A detailed explanation of the required steps will be displayed below:
- Watch out for the statute of limitations
A grave mistake that any patient can do is wait too long before starting the procedure of filing a claim. Every state has their own time frame permitted to file a medical malpractice claim. If the time frame elapses before the patient filed the claim, they would not have any rights to further pursue anything.
- Speak to a Medical Malpractice Lawyer
Medical malpractice cases are extremely intricate which require the assistance of a medical malpractice lawyer. Attempting to handle a malpractice case alone can be detrimental to a patient’s case. The lawyer will know the hoops and laws associated with the specific malpractice case. For the most part, law firms offer a free consultation where the case can be discussed beforehand.
- Independent contractor or Hospital’s Negligence
The hospital is not automatically accountable for any injuries that a patient endures in the hospital. Sometimes, the hospital will have independent contractors. In that case, the victim would have to file the claim against the independent physician and not the A hospital is only responsible for the actions done by their employees.
- Collect medical records
Hospitals are required to keep the medical records of patients for at least a few years following their care or treatment. They must provide the patient with copies of their records when asked for it. The more evidence gathered, the more beneficial it will be for the case.
- Calculate your damages
Determining the value of the case is important because at some point during the claim, the hospital might want to settle and offer the patient a certain amount. All possible losses should be taken into consideration, including general, specific, and even punitive damages that might otherwise be awarded through court. If the patient and hospital agree to an amount, then the patient would not have the right to file a lawsuit for that same harm.
- Follow required procedures
The requirements for filing a claim vary from state to state. Learning what the state mandates are essential for filing a claim. If the requirements are not met, the court might dismiss the case. For this reason, it is crucial to speak to a medical malpractice lawyer from Percy Martinez Law Firm in Tampa that can explain all the requirements needed.
- Proceed with the claim
The final step is actually drafting and filing the claim. Within the complaint, the patient must state their name, who is being sued, how it was that they were injured, what harms came from the injury, and how much compensation does the patient expect to receive.
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