How to Know if You Have a Medical Malpractice Claim
If someone is injured due to the negligence of a healthcare provider, they may be able to file a medical malpractice claim to recover damages. One of the key components of this type of case is that the plaintiff will need to show that the provider was negligent.
For example, if someone is prescribed a medication and they wind up hospitalized as a result of a bad reaction to the medication, but there was no way for any medical provider to know that such a reaction would occur, this would not qualify as medical malpractice
On the other hand, if the patient has told their healthcare provider that they are allergic to a certain type of medication, or that they are taking another medication that the doctor should have known would cause a serious reaction if they are taken together, this would qualify as negligence.
Again, in order to be successful in a malpractice claim, the injured person will need to prove to the court that the actions of a doctor, nurse or other type of medical professional caused harm. Their attorney will also need to show that the injury was a result of an act that was not within the norms and standards of the medical community.
Things your personal injury attorney will ask you
When you hire legal representation, the personal injury attorney will want to know more about the type and severity of the injury that you sustained. They will ask if you sought medical treatment for the injury, whether continued care will be necessary, how much pain and suffering the injury has caused and whether the injury resulted in a loss of a limb, disfigurement or a permanent disability.
They will also want to know more about whether you suffered a loss of income as a result of the incident. This could include loss of employment income, loss of retirement plan contributions and the loss of other types of income you may receive for services or goods you provide.
Keep in mind
The negotiations process for a medical malpractice lawsuit will generally take several months to complete, and this is certainly not something you will want to try to handle on your own. The best outcomes for medical malpractice cases will come through working with an experienced, reputable personal injury attorney.
For more information on how we may be able to help with your case, call The Law Offices of Marc L. Shapiro, P.A. today at 239-649-8050.