Medical malpractice suits can arise many ways, but knowing how to properly pursue fair compensation is often very difficult. Even in cases where medical malpractice seems very clear, the process can take a significant amount of time to reach a successful conclusion.
Unlike many other types of injury lawsuits, pursuing a medical malpractice claim must first go through review by several parties. There are many steps along the way that you must navigate carefully.
It is usually wise to consult with an experienced attorney who understands the medical malpractice process and can guide you along the way. Without proper guidance, you may miss key elements of the process and endanger a fair outcome.
Where to begin
With medical malpractice, it is often possible for a doctor or medical care provider to fix one's own mistake if given the opportunity. In general, you should start by contacting the individual you believe is responsible for your injury or loss and give him or her the opportunity to resolve the issue personally. In many cases, a doctor who makes a mistake will gladly perform an operation to correct the mistake free of charge.
If this does not remedy your situation, you can contact the relevant medical licensing board. Every medical care provider answers to a medical licensing board, which can add some clout to your complaint. The board may help you understand the next steps in the process, specific to your particular injury.
You should also consider undergoing a medical assessment to document that your injury was indeed caused by the alleged malpractice. The more independent documentation you have to corroborate your claim, the better.
Medical malpractice claims require a great deal of documentation and preparation if they are to prove successful. You should understand exactly how long you have to file your particular claim before the statute of limitations kicks in. It would be a shame to lose a genuine claim because you waited too long to file, but you also don't want to file before you fully prepare.
Can you settle out of court?
In reality, most medical malpractice claims settle out of court rather than go all the way to a judge. Once you understand the scope of your injury and believe that you have a strong claim, you may want to pursue an out-of-court settlement to receive fair compensation more quickly.
If you are unsure exactly how to proceed, don't hesitate to reach out to an experienced attorney who can patiently guide you through the process and ensure that your rights remain protected.