Medical Malpractice 101: 3 Things You Need To Know When Filing A Claim

When you put your health and well-being in the hands of a medical professional, you fully expect that they will perform their duties to a certain standard. After all, this is what medical professionals are trained to do. However, every day, people are inadvertently injured or affected by poor standards of care in the medical industry either by a professional or by a facility. If you have been a victim of medical malpractice on any level, it is imperative that you seek the advice of an attorney. Here are a few things you should know about medical malpractice claims before you call. 

A bad outcome of care does not always mean malpractice. 

There are many variables when it comes to medical care and the outcome involved in different scenarios, so just because you go for care and the result is not what you expect, it does not always mean medical malpractice has occurred. For example, If you are diagnosed with a debilitating disease and the treatment provided is ineffective, this would not be grounds for a case. However, if you have a debilitating disease and the treatment is not up to standard, which makes it ineffective, you could potentially have a claim. 

You do not have an unlimited amount of time to file a claim in some states. 

There is a statute of limitations in most states that clearly outlines the time frame in which you have to file a claim after you suspect medical malpractice has occurred. It is not uncommon for a patient to not even realize they have been unjustly treated by a medical professional for some time after the actual treatment has taken place. Therefore, it is crucial that you talk to an attorney as soon as you start to have doubts and concerns. As long as the claim is initiated before the statute of limitations is up in your state, you may be eligible. 

You should never avoid filing a claim because of unwarranted fears. 

Numerous medical malpractice cases go unrecognized and are never brought up by the patient who has been unjustly treated. This is because some people assume that filing a claim will have negative consequences. For example, you should never avoid filing a medical malpractice claim because you are afraid the costs will be too high. Your attorney will most often not charge you unless you win your case, in which case they will take a portion of your settlement. 

For more information, contact local professionals like McLaughlin & Lauricella Lawyers.


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