Checklist for Patients Considering a Medical Malpractice Claim
Medical malpractice arises when a healthcare provider’s negligence results in harm or injury to a patient. Negligence involves the failure of a healthcare provider to meet the standard of care that a reasonable healthcare professional of the same specialty would have provided in similar circumstances. This can include errors in diagnosis, treatment, or managing a patient’s care. If you believe a healthcare provider’s negligence caused you harm or injury, you may be considering filing a medical malpractice claim. A medical malpractice claim can provide a sense of justice and compensation for your injuries.
Filing a medical malpractice claim can be complex. If you’re considering taking this route, your attorney must take several steps to prepare. Below is a basic checklist filing a medical malpractice claim.
- Confirm That You Satisfy the Basic Legal Elements
To have a valid medical malpractice claim, you must prove certain elements. First, you must show that the medical professional owed you a duty of care. This basically means there was a medical professional-patient relationship. Second, you must show the healthcare provider’s actions deviated from the acceptable standard of care. This requires expert testimony from another healthcare professional in the same field as the defendant. Third, you must prove that the medical professional’s negligence caused you harm or injury such as medical expenses, lost wages, mental distress, and pain and suffering. This also requires expert testimony.
- Gather Evidence
To show all the above elements, you will need evidence. Therefore, gathering evidence is crucial if you are considering filing a medical malpractice claim. Evidence may include medical records, phone records, expert witness testimony, and statements from eyewitnesses. For example, an expert witness must testify what the healthcare provider did wrong, what they should have done instead, and how their actions caused you injury.
- Understand the Medical Malpractice Laws in Your State
Several specific rules govern medical malpractice cases. It is vital that you consult an attorney to understand the laws that govern medical malpractice cases in your state. For instance, medical malpractice claims are subject to statutes of limitations, which are laws that limit the time claimants have to file their claims. These limits vary from state to state. Many states, such as Georgia, have laws requiring an affidavit from an expert witness to file a medical malpractice lawsuit.
- Consult an Attorney
Medical malpractice cases can be complex, so consulting an attorney is vital. Look for an attorney with experience handling medical malpractice cases. A qualified medical malpractice attorney can explain the legal process, assess the strengths and weaknesses of your case, and guide you through the process.
Contact an Atlanta Medical Malpractice Attorney
If you believe the negligence of a medical professional has harmed you, don’t wait to seek legal help. Contact our skilled Atlanta medical malpractice attorney at Carroll Law Firm to schedule a consultation. We can guide you through the legal process and help you fight for the justice and compensation you deserve.
Source:
law.cornell.edu/wex/standard_of_care
