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When to File a Medical Malpractice Claim?

Medical malpractice occurs far more than many like to admit. In fact, recent studies show that it is the third leading cause of death. When determining whether or not your physician acted negligently, it will be important to consult with a personal injury attorney, like our medical malpractice lawyer . With their support, they will be able to go over your case with you to determine the appropriate course of action.

Common Medical Malpractice Claims

There are many reasons for filing a malpractice claim. When a doctor acts negligently they put the patient at risk of further injury, and at times, can be fatal. Some examples of common claims include:

  • Mismanagement of medication resulting in overdose or illness
  • Misdiagnosing a patient, which leads to serious physical harm, even death
  • Injuries to either the mother or baby from childbirth
  • The doctor does not diagnose the patient quickly enough
  • Mistake made in surgery
  • The wrong amount of anesthesia is given to patient, resulting in damage or death.

The Difference Between Gross and Simple Negligence

A successful malpractice suit must prove that the doctor treating you acted negligently.

  •      Gross Negligence is when the doctor’s duty of care is far worse than in the average case. For example, if a doctor were to complete the wrong surgery on a patient.
  •      Simple Negligence is standard negligence in most malpractice cases. This is when a physician does not uphold the duty of care.

How Long Will the Process Take?

Enduring a medical malpractice claim can be a long, drawn out process. The preliminary process of discovery can take up to a year before it is complete. It can take as many as three years to reach a resolution. This process can be cumbersome, time consuming and incredibly expensive. Because of this, it is common for cases to settle out of court. Often malpractice cases only reach the trial when both parties have failed to come to a settlement through arbitration or mediation.

When a Settlement is reached

More often than not, parties reach a settlement. It is even possible for them to come to an agreement even before the lawsuit is filed. This is when negligence can be proven and the insurance is willing to pay out and settle the suit quickly. In such situations, the injury that occurred is likely minor.

Being the victim of medical negligence comes with its fair share of hardships. Because of the short timeframes, it’s likely that while in the beginning stages you will still be in recovery. Accessing a personal injury attorney who can provide counsel around the complex process of a medical malpractice suit is vital. They will protect your best interests and ensure that you receive what you are owed.  

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