Deciding to undertake a medical malpractice suit is a significant undertaking for anyone. There are many questions a prospective claimant must consider before filing a lawsuit. A medical malpractice attorney can help you through a significant portion of the process, greatly increasing the chances of a satisfactory claim.
Key questions to ask before filing a suit
Many factors contribute to a patient’s deteriorating condition. It can be hard to determine when malpractice occurred and whom to blame for unanticipated complications. If the medical treatment didn’t go as planned and you’re wondering whether you have grounds for a medical malpractice claim, ask yourself the following questions to prepare for your case:
1. Is it a medical malpractice case?
It’s important to understand the types of medical malpractice and the specific kind that was the reason for your injuries. Medical malpractice can be due to failure to diagnose, improper treatment, or failure to warn a patient of risks associated with a procedure or treatment.
2. Is medical negligence to blame for my injury?
Before taking legal recourse, check if the doctor breached the standards of care that contributed to your injuries. This means that your doctor failed to behave as any other reasonable provider would have under similar circumstances. Common causes of medical negligence include misdiagnosis, substandard treatment, improper communication, and referral mistakes.
3. Do I have sufficient documents and evidence?
Collect all the medical proof and witness support to establish you suffered damages—physical pain, medical bills, lost wages, lost earning capacity, or emotional distress—and that the injuries were caused by medical negligence, error, or mistreatment.
4. Was there a doctor-patient relationship?
To successfully build a medical malpractice lawsuit, you need proof that you hired the physician you’re suing. If the doctor didn’t treat you directly, you might have a difficult time proving the physician/patient relationship.
5. What were the outcomes of similar lawsuits?
Before you make a medical malpractice claim, have an idea about the outcomes of other medical negligence cases in your state. This will help you gauge your legal rights and a possible route to follow for success, along with aspects to avoid.
How a medical malpractice attorney can help
If you think you received an incorrect diagnosis or your doctor made an error while treating you, connect with a medical malpractice lawyer. They will help you gather the necessary documents and expert witnesses to testify about the severity and source of your injury.
You don’t have to navigate the complexities of a medical malpractice claim alone. At LegalASAP, we have the proven track record to provide the right guidance as you determine your next legal steps. Our team of medical malpractice attorneys can help you review medical records, arrange for witnesses, and calculate damages so you get the maximum compensation for your economic losses, pain, and suffering. Contact us today for a free evaluation.