Medical mistakes are a huge problem in the United States. It’s estimated that anywhere from 44,000 to 100,000 Americans will die during a single year as a result of someone on their medical team making a mistake. The result of these medical mistakes can be increased healing time, enormous amounts of pain, and loss of work. In extreme cases, the patient dies, leaving their family behind to pursue a medical malpractice and wrongful death case against the medical team that made the errors.
Legally speaking, medical practice occurs whenever a member of the medical community makes a mistake or fails to follow professional protocol, which results in their patient being injured or suffering more pain than they should have.
If you feel that you were the victim of medical malpractice, the worst thing you can do is keep the situation to yourself. Not only are you entitled to a settlement, but by not forcing the person or facility that made the mistake to face the consequences of their actions, you increase the likelihood of the same thing happening to someone else. When you contact a medical malpractice lawyer for help, you could ultimately save someone else’s life. The medical malpractice lawsuit you and your lawyer file can include the doctor, nurse, technician, entire hospital, or even the company that handles your health care insurance.
After reviewing the unique details of your case, your medical malpractice attorney will take the steps needed to formally file compliant against whoever was responsible for making the mistake that compromised your good health. Sometimes the attorney will start an investigation prior to filing the paperwork.
Once the paperwork has been filed with the court, both sides will be involved in several meetings where the details of your case and possible settlements will be discussed. At no point in this process, should you have any contact with the other side unless your attorney is present. Don’t even talk to them on the phone, and if they try to connect with you when they know your attorney isn’t around, walk away and let your lawyer know what happened.
In medical malpractice cases, the burden of proof will be something you and your lawyer are responsible for. Not only will the two of you have to show actual evidence that a medical mistake was made, but you’ll also have to show specific examples of how you suffered financial loss and physical/emotional pain. If you’re unable to prove these things, the defending side has no reason to offer you a settlement.
When you’ve been a victim of medical malpractice, you can’t afford to wait a long time before pursuing a lawsuit. Give a Call to Pulversthompson if you’re located in the NYC Area! Not only does a delay increase the financial strain you’re under, but each state has a medical malpractice statute of limitations, that ranges from one to four years. The paperwork announcing your intention to file a lawsuit against those responsible for your condition has to be filed before that time passes.