If you suffered an injury or illness because of a medical error, you might be entitled to compensation from the hospital or doctor involved in your accident. Commonly, patients will avoid malpractice lawsuits because they believe it will cost too much to file or aren’t sure they can win. As a medical malpractice lawyer from Disparti Law Group explains, here is what you need to know about your odds when you file a medical malpractice claim.
Did You File on Time?
One of the most frequent reasons why people lose their medical malpractice cases is that they do not file the claim at all. Every state has a time limit that you need to file your claim by. In most states, the deadline is two years. Once you know about the injury and that it was caused by a doctor or other medical professional’s error, you should file a claim as soon as possible.
Was There Neglect?
When you undergo any medical procedure, you are not guaranteed positive results. There are a lot of reasons why treatment may not work for a variety of conditions. If the doctor tried his or her best to help you and chose reasonable treatments, but you did not improve or become worse, you may not have a case. To have a medical malpractice case, the medical professional had to act in a manner that most reasonable professionals would not have.
Did You Suffer Consequences?
If a doctor makes a mistake, but there are no adverse effects to your health, you do not have a case. For example, if a doctor prescribed a medication that you were allergic to, but the pharmacist caught it before picking it up, you cannot file a lawsuit against the doctor. In this case, you did not suffer any damages because of it. The damages that you suffer could refer to medical bills, lost wages, or pain and suffering. For example, if your quality of life is lowered because of the mistake, you can file a claim. Whenever you file a lawsuit, make sure that you have evidence of your injury, illness or consequence. The best evidence is in the form of medical records.
Suppose you want to increase your odds of a lawsuit outcome in your favor, then you will want to set up a consultation with a medical malpractice lawyer. Your attorney can guide you through the process and explain whether you have a strong case. Malpractice lawyers work for a contingency fee, so if one is willing to take your case, then you are in the best position to have a chance of winning.