There are about 17,000 medical malpractice cases filed every year in America. However, the amount that these cases payout to claimants has significantly dropped since 2006.
This means that if you are planning to file a medical malpractice case, you need to prepare to ensure a successful payout properly.
Not sure what you need to know about making a malpractice lawsuit? No worries, that’s why we’ve put together this handy guide on them! Read on to find out seven things you need to know about medical malpractice cases before you make one.
Table of Contents
1. Medical Malpractice Cases Won’t Affect Your Future Medical Treatment
While some feel confident filing their medical negligence case, many victims’ cases go unreported. This is because a lot of people feel nervous about the idea of making a case and how it might affect them in the future.
Making a claim of medical negligence should not and will not affect your future medical treatment. If a doctor finds out about your case, they are still ethically-bound to treat you. And any decent doctor who is committed to professional treatment won’t find a previous case intimidating in the slightest.
Your case also won’t lead to an increase in the cost of your medical insurance. If an insurer does try to charge you more because of a previous case, you should challenge this.
2. No One Area of Medicine Is More Prone to Malpractice
A lot of people often wonder if there is one area of medical practice that receives more malpractice claims. In reality, you can find examples of medical malpractice throughout the medical profession.
The unifying factor between cases tends to be the mental state of a doctor, rather than the area they practice in. Most doctors who get sued for malpractice work with a kind of mental tunnel vision. This prevents them from providing appropriate care in some cases.
All medical professionals who want to provide decent care should focus on individual patients rather than on previous cases or standard treatment options.
3. Anyone Working in the Medical Profession Is Liable
Doctors are not the only people who can commit medical malpractice. Anyone who works in the medical profession can, including:
- Dentists
- Social workers (who work within the medical profession)
- Surgeons
- Psychiatrists
- Midwives
- Psychologists
- Pharmacists
- Nurses and nurse practitioners
- Physiotherapists
Because of this, not all medical malpractice cases will take place in a hospital or doctor’s surgery.
4. The Number of Claims Is Declining
A lot of states have recently introduced limits on the amount that a claimant can take from a malpractice claim.
The result of this is that fewer people are making claims, and the payouts on these claims are lower. The idea is that this allows the state to limit overwhelming damage to the medical profession.
Unfortunately, this can have a huge negative impact on people who become victims of medical malpractice. In order to combat this, it’s important to get a malpractice attorney onside to support your case. They’ll be able to carry out a medical-legal case review to ensure your case is strong enough to stand up in court.
5. Malpractice Cases Rely on Evidence
In order to make a strong case, you will need to support your claim with credible evidence. This is why it’s a good idea to keep a record of medical treatment whenever you receive it.
This includes getting access to a copy of your medical records and recording any conversations you have while you have them. You are legally entitled to a copy of these, so you should challenge anyone who refuses you access to them.
Having a witness present for your medical treatment is also a good idea. This means that you have an eye witness available if your case ends up going to court.
6. Malpractice Cases Have a Limit
It’s important to keep an eye on the timeline of your medical malpractice case. This is because all of these cases are affected by the statute of limitations.
The length of time you have to file a claim depends slightly on where you live. In some states across America, you have only two years to file your claim. Other states allow you six years from the date of the malpractice event.
This does not mean that your case has to be resolved within this time period; it just puts a deadline on making your claim. If you think you have been the victim of a malpractice case, you should check the statute of limitations for your state sooner rather than later.
7. A Successful Case Requires a Lawyer
Medical malpractice cases can be extremely challenging for the victims of them. They take a lot of time and energy and usually happen at a time when you need to focus on your recovery. This makes them very emotionally demanding.
This is why it’s always a good idea to hire an attorney to handle your case. They will help you create a strong case for your claim. But on top of this, they’ll handle communications for your case and help you gather evidence.
This means that you can focus on physically and emotionally recovering from the malpractice itself. It’s an invaluable source of support for anyone who suffers at the hands of medical negligence.
The Bottom Line
When it comes to medical malpractice cases, it’s always worth filing a claim in order to get justice for your experience.
A successful case will help to support you financially while you recover. It can also protect future patients from harmful medical practitioners.
For more top tips on recovering from a medical malpractice case, check out our safety and security blogs for self-care inspiration!
