When a hospital commits a mistake that amounts to medical malpractice, a patient has a legal claim to compensation for any harm sustained due to the error. In this article, you will read each phase in detail in the context of a medical mal-practice action against a hospital in Miami.
Table of Contents
Act before the deadline
Waiting too long to file a medical malpractice claim in court is the most significant error a patient can make. Patients must submit legal claims within the deadline. The time constraints differ by jurisdiction, although they might be as little as one year from the date of the malpractice.
A patient may have to go through a few hoops before launching a legal complaint, which emphasizes the need for the patient to file a claim as soon as possible.
Consult a Medical Malpractice Lawyer About Your Case
A medical malpractice case is not something you want to try to handle on your own. Proving your case will necessitate not just a thorough grasp of the law as it pertains to your circumstance but also familiarity with the kind of hoops a medical malpractice plaintiff must jump through, such as locating the appropriate expert medical witness. In most cases, medical malpractice attorneys provide free initial consultations. If the lawyer settles or wins the lawsuit, the legal firm receives a part of the prize (typically around a third). If a lawyer loses a case, they generally are not compensated.
Determine who is negligent
Determining the culprit is a critical decision. Just because medical malpractice happened at a hospital doesn’t mean the facility may be held liable. You must initiate legal action against a single doctor if your case is based on inferior care provided by that doctor. That doctor is an independent contractor (rather than a hospital employee). Mainly, you can’t sue a hospital for a treatment error unless that doctor is a hospital employee.
Calculate Your Losses
The hospital could make a settlement offer at some moment. As a result, it is critical for the patient to assess the case’s worth. The patient should consider all possible losses and harm resulting from the malpractice, such as medical treatment necessitated by the error, past and future wage losses, pain and suffering, and loss of enjoyment of life (the diminished value of a person’s life) as a result of the injury.
While medical malpractice laws are intended to safeguard patients’ rights who have received unsatisfactory medical treatment, individuals must take the initial step in asserting such rights.