Medical negligence claims often result in considerable financial settlements for their victims, and many people are left struggling financially when they should not have had to make such claims. It is vital that you fully understand the requirements so you can protect yourself from being wrongly accused of making false medical negligence claims.
When you begin to make claims, you must start by making a general injury claim against the employer, usually the person responsible for your condition. Your solicitor will then engage one or more medical professionals who have expertise in the area of medical negligence to conduct medical tests, review your medical files and give a detailed account detailing how the treatment you received was negligent. The solicitor will then work out an approximate value for each point that you can claim for.
Many states also require that you suffer from a continuing course of loss or impairment that affects your capacity to carry on normal daily functions before you can make a medical malpractice claim. Many states also require that the loss or impairment has lasted or will last for six months before you can proceed with a claim. Some states also require you to have met particular criteria before you can make a claim.
Medical negligence claims often result from the physician’s failure to diagnose a disease or condition in its early stages. For example, some doctors prescribe drugs to patients that they know will have devastating effects on their health only to find out later that they were defining the wrong medication. This is not an isolated incident. It is estimated that millions of dollars are lost by physicians every year due to improper treatments or diagnoses.
The best way to ensure you receive full compensation for your medical negligence claims is to utilise an attorney who has a proven track record of winning awards in tort court. Attorneys who file these types of medical negligence claims are often called “lawyer-advocate” or “plaintiff’s attorneys”. They are often associated with trial lawyers who represent the defendants in civil court cases. If you are unsure of the role an attorney will play in your case, it is always advised that you engage the services of an experienced personal injury. These trained professionals will ensure that your claim is filed correctly and receive the maximum amount of damages possible. Although the chances of winning a lawsuit against a healthcare provider are low, lawyers who pursue this type of case are sometimes able to reduce the potential damages awarded.
Attorneys are usually paid a contingency fee, which means that the lawyer will receive no fees if the case is lost. Because most medical malpractice litigation involves large sums of money, attorneys must be paid an upfront settlement to obtain their services. The contingency fees are usually 20% of the jury award in the event of a plaintiff’s defeat.