We all want to believe that doctors are highly intelligent, skilled professionals. And for the most part, they are. But that doesn’t mean that they don’t make mistakes. After all, they are human too.
If you or a loved one has been injured or did not receive proper medical care, you may be entitled to pursue a medical malpractice claim.
But before you do, read the information below.
This guide will outline everything you need to know about medical malpractice, making a claim, and ultimately getting the compensation you or your loved one deserves.
Medical Malpractice: Defined
The most basic definition of medical malpractice is when a health care provider fails to meet the proper standard of care, and as a result, their patient suffers serious harm.Â
Medical malpractice claims are not for every bad outcome that could happen from medical intervention.
Let’s break this down a bit further.Â
Health Care Provider
A physician, hospital, nurse, pharmacist, surgeon, or any other person providing health care is a health care provider. Therefore, according to the definition above, a medical malpractice claim can be filed against them.Â
Individual people, such as Dr. Smith, or institutions, such as Smith General hospital, are examples of health care providers.Â
Standard of Care
Every health care provider is responsible for providing appropriate care for their patients. This is called the “standard of care”.
The definition of the standard of care depends on the situation. For example, the proper standard of care for a patient with the flu would be different from care for a patient with a broken leg.
The standard of care is not always absolutely clear or well defined. This is why medical malpractice cases can be tricky.
The Patient Is Harmed
To file any kind of medical malpractice claim, a patient must be able to show that they were harmed in some way. Harm can be the result of something the provider did or something that they didn’t do but should have done.
However, not all pain, infections, or side effects are classified as harm when talking about medical malpractice. Misdiagnosis or improper treatment are examples of medical errors made by providers that could cause harm.
Keep reading to learn more about exactly what you need to make a medical malpractice claim.
Establishing a Medical Malpractice Claim
To have a successful medical malpractice claim, you must be able to show two things. First, the provider’s care (or lack thereof) was below the standard of care. Second, that the patient was seriously injured or harmed as a result of the provider’s substandard care.Â
Think about it this way – did the provider act in a way that any other reasonable provider would have acted in that situation?
For example, if you visited your provider about knee pain, did they ask you questions about your knee? Did they examine your knee? Did they recommend a treatment or additional testing?
Showing that the provider’s actions were without a doubt below the standard of care is sometimes challenging. It may also be hard to show the harm was a direct result of the action or lack of action from the provider.
Steps to Filing a Medical Malpractice Claim
Now you have an idea of what medical malpractice is and whether you might have a valid claim based on the criteria.Â
So, how should you continue?
Here are a few steps you should consider on your way to possibly making a medical malpractice claim.
1. Speak With the Provider and Licensing Group
Contact the provider first to discuss the incident or situation. You can gather information about what happened and whether there is a potential solution.Â
You should document notes from this conversation in case lawyers get involved at a later time. You should also ask the provider for your personal medical records.
Once you have spoken with the provider, you can contact the appropriate licensing board for more information on next steps. The licensing board may also choose to discipline the provider in some way depending on the situation.
2. Get a Certificate of MeritÂ
A certificate of merit shows that your case is legitimate. It usually involves talking to another provider and sharing your story and medical records.
The provider can give you an idea of what they would have done in a similar situation. They may also share their opinion on your diagnosis or a recommendation for future treatment.
3. Hire an Attorney
Having an experienced medical malpractice attorney is critical. They will file your certificate of merit and guide you along the rest of the process.
Most health care providers have strong legal representation, so you should too.
Your attorney will give you honest feedback about your case and the best course of action.
Ask your attorney about the statute of limitations for your claim. This defines the amount of time after the potentially negligent action that you can legally file the claim. If you file your claim too late, you may not receive the compensation you are owed.
4. Explore and Weigh Your Options
Most medical malpractice claims settle out of court. This means that you and your attorney work with the provider and their attorney. Together, you decide on the amount of compensation the provider owes you.
If you choose to settle a medical malpractice claim you will get your money sooner and avoid going to trial. The settlement amount varies weidely depending on the situation, but settlements can range from thousands to millions of dollars.
Your attorney will review with you the pros and cons of settlement and give a recommendation based on the situation.
Claim What’s Yours
Instances of medical practice are unfortunate and should be resolved. If you or a loved one was seriously harmed or injured by a health care provider, you may be entitled to a medical malpractice claim.
Review the definitions and descriptions above. Take notes and document everything you can as you start to build your claim. Above all, find a great malpractice lawyer to help walk you through the process and help you make a successful claim.
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