Useful Tips On How To Win Your Medical Malpractice Lawsuit

July 26, 2021

It absolutely makes sense to put your trust in a doctor when it comes to your health, as they are healthcare professionals.

You can trust them with some minor health problem, but sometimes, you are literally putting your life in their hands. Most of the time, they do their job well and you leave their office as a happy patient. But, unfortunately, sometimes it can happen that your doctor, or another medical professional, endangers your health and your well-being. In cases like this, they can be held accountable in a court of law.

However, not many people know this, and many people do not file a lawsuit, even though they have a right to do so. If you have recently suffered from medical malpractice, but you do not know what your next steps are, you have come to the right place. Read this guide to find some useful tips on how you can win a medical malpractice lawsuit.

It is crucial that you act fast 

When it comes to filing a lawsuit against a medical professional, it is very important that you act fast. Different states have different laws, and in many of them, there is a statute of limitations that limits the time of when you can legally bring this sort of case forward. This is why it is important that you hire a lawyer who knows the local laws and can give you advice on how and when you need to do things. For instance, if you live in Philadelphia, make sure to hire a Philadelphia medical malpractice attorney, as they will be able to represent you properly. They will be familiar with all the rules and deadlines in your jurisdiction and will file everything on time so that your case can happen. 

Paper evidence is your friend

In cases where you are filing a lawsuit against a healthcare professional, you will have to have a lot of evidence on your side. The best type of evidence in medical malpractice cases is most often of the paper sort, that is, medical records. But, do not forget to sign the necessary paperwork that allows your lawyer to access your medical records. If you want to start as soon as possible, you can also request a copy of your records on your own. But keep in mind that it sometimes takes a few weeks before your records get to you. Once your lawyer has your records, they will start to analyze the information. They will be able to show your information to other health care professionals and will probably talk to some witnesses as well.

Inform the insurance company

Something that can be useful for your case is contacting the insurance company of the health care provider that you worked with. Tell them about the potential lawsuit you will file against one of their clients. This will trigger insurance coverage as well as an inside review of the whole situation. In some states, it is actually required by the law that you do this before you bring your case forward. Of course, make sure to work through all of this with your lawyer, as the insurance companies will have their own lawyers too. Moreover, negotiating with them will be nearly impossible unless you have a lawyer to fight for you.

Understand the legal concept of negligence 

Before bringing your case forward, you first must understand the legal concept of negligence. Many people have the idea that they can sue a medical professional just because the procedure did not go as they hoped it would go. But, you can only file a lawsuit if a doctor failed to live up to their duty of care. To consider that the doctor has made a mistake, that mistake has to be considered unreasonable by other medical professionals. 

For instance, if a doctor uses untested or unsafe practices without warning you then you have the right to file a lawsuit. Another case is, of course, if your doctor has acted carelessly or recklessly. For instance, if they show up to work while they are under the influence of alcohol. There are, of course, other cases when you have the right to file a medical malpractice lawsuit. Your lawyer will be able to explain all of this to you, so you have nothing to worry about. 

Even though they are quite rare, cases of medical malpractice will happen sometimes. But, it is important that you, as the patient, know and remember what your rights are. The other party will surely try to prove that they are the ones that are right, but you must keep on fighting. Every patient deserves to get proper compensation if they have suffered from medical malpractice.

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