How to File a Successful Medical Malpractice Claim
http://www.articleland.co.uk/articles/78280/1/How-to-File-a-Successful-Medical-Malpractice-Claim/Page1.html
Diana Joseph
Diana Joseph has an in-depth knowledge in dealing with in personal injury claims. She has written numerous articles on injury claims and accident claim process, particularly those involving car accident and other topics of claims. By Diana Joseph
Published on 07/23/2008
If you have suffered injury because of faulty medical treatment, you can sue your doctor or health professional for malpractice. Here are the important steps you should follow while filing a successful medical malpractice claim.
How to File a Successful Medical Malpractice Claim
If you have suffered injury because of faulty medical treatment, you can sue your doctor or health professional for malpractice. For instance, your doctor may have diagnosed your condition incorrectly.
Or, he may have prescribed a wrong drug. He could even have been guilty of a lapse while performing a surgical procedure. As long as you are sure that the medical treatment you received caused you unnecessary injury, you can claim compensation for medical malpractice.
Compensation in cases of medical malpractice depends upon the intensity or extent of the injury caused. It covers not only your financial loss, such as cost of treatment or loss of earning, but also the pain and anguish you suffered.
Here are the important steps you should follow while filing a successful medical malpractice claim:
1. Seek the services of a competent lawyer. A competent lawyer will advise you on whether your claim is valid. He will help you with the procedures required for filing the claim and represent you in court. Look for a lawyer who has experience in handling medical malpractice cases. Also, get him to sign a no win, no fee contract with you.
2. Establish your doctor's liability. Instances of medical malpractice are often difficult to establish. This is because you have to produce sufficient evidence to prove that your doctor is guilty. For this, you will need previous medical records detailing the line of treatment undertaken. In addition, you will also require a specialist's opinion stating that the treatment you received was faulty and caused you injury.
3. Claim before the prescribed time limit. According to UK law, you can file a medical malpractice claim for up to three years from the date on which you suffered the injury. You can, however, file a claim even after this period if you can prove that you learnt about the faulty treatment only later.
Or, he may have prescribed a wrong drug. He could even have been guilty of a lapse while performing a surgical procedure. As long as you are sure that the medical treatment you received caused you unnecessary injury, you can claim compensation for medical malpractice.
Compensation in cases of medical malpractice depends upon the intensity or extent of the injury caused. It covers not only your financial loss, such as cost of treatment or loss of earning, but also the pain and anguish you suffered.
Here are the important steps you should follow while filing a successful medical malpractice claim:
1. Seek the services of a competent lawyer. A competent lawyer will advise you on whether your claim is valid. He will help you with the procedures required for filing the claim and represent you in court. Look for a lawyer who has experience in handling medical malpractice cases. Also, get him to sign a no win, no fee contract with you.
2. Establish your doctor's liability. Instances of medical malpractice are often difficult to establish. This is because you have to produce sufficient evidence to prove that your doctor is guilty. For this, you will need previous medical records detailing the line of treatment undertaken. In addition, you will also require a specialist's opinion stating that the treatment you received was faulty and caused you injury.
3. Claim before the prescribed time limit. According to UK law, you can file a medical malpractice claim for up to three years from the date on which you suffered the injury. You can, however, file a claim even after this period if you can prove that you learnt about the faulty treatment only later.