Any patient receiving unexpected injuries or physical harm has every right to file a medical negligence lawsuit against the hospital. Protecting patients’ rights from being violated is the ultimate goal of medical malpractice laws that are in place. If you have been a victim of a medical injury, asserting your legal rights begins by taking legal action that follows a process guided by a medical malpractice lawyer.
How to File Lawsuits Against Hospitals for Malpractice
Medical negligence cases are very complex as it involves proving that the party being blamed caused the injury. Injuries may take on different forms such as failing to diagnose the disease correctly, giving the wrong prescriptions, committing medication errors during operations or surgeries, carrying out an incorrect medical procedure for the illness, or giving substandard medical care to a patient.
Regardless of what illness the victim is diagnosed with, medical malpractice lawsuits may be thrown against doctors when there is a resulting serious injury. Below are five steps to filing an injury claim against a healthcare provider:
- Speak with a medical malpractice attorney. If you wait too long before filing your legal complaint in court, you may miss the statute of limitations set by your state and miss the chance of receiving fair compensation for damages done to you. Winning your case will require having an experienced personal injury lawyer or malpractice attorney who knows where to find an expert medical witness for your case.
- Determine who is liable for the medical error. It is crucial to determine first if who you’re suing is an employee of the hospital or an individual contractor. Even if your injuries were sustained inside the hospital, if the party at fault is not connected to the facility, you cannot file a lawsuit against the hospital. This means that you will have to sue the doctor directly. If it is unclear who committed the negligent act, you may file a lawsuit against multiple parties such as the nurse, ambulance service, or physician.
- Compile all relevant medical documents. Even if a certain time has elapsed between the onset of the injury and the time you decided to sue, you can still secure medical records from a hospital. Aside from these papers, you will also need to seek written opinions from other medical experts regarding the circumstances of the injury, which shall be presented in court to support your petition.
- Estimate the Value of Damages. The hospital you sued may opt to offer you a settlement to save face from failing to follow the standard of care. Thus, it is important to know the amount of the damages you incurred. Think about all possible losses such as future medical expenses for treatment or therapy, lost wages, pain and suffering, loss of life enjoyment, cost of changing your lifestyle, and loss of consortium, among others.
- Draft your complaint about hospital negligence. Filing requirements may vary so it would be best to check the state law and filing procedures in your jurisdiction. As you begin drafting your complaint, make sure to consult with medical malpractice lawyers. Some of the information to be included in your filing are the names of the involved parties, descriptions of the events leading up to the injury, and the amount of damages based on your estimation. Then, visit the county branch of your state court to submit the complaint along with all relevant attachments. Take note that victims may sometimes have to submit their claim to a medical review board before they file it in civil court, or consider a pre-lawsuit alternative dispute resolution (ADR).
Legal Assistance for Medical Malpractice Cases
If you have been injured while receiving medical treatment in a hospital, don’t wait long before bringing your legal claim against the medical facility or its medical professionals for their negligence. Get legal help from a personal injury attorney from Zolman Law. It’s important to get representation from a law firm with experience in malpractice law, and you wouldn’t want any procedural or legal rules to get in the way of claiming your compensation.