Medical Malpractice FAQ’s

In the cause of getting treatment, one may feel that they were not treated fairly. In such an instance, one can seek legal recourse and get compensation for a breach of the trust placed in the doctor. Being wronged in the course of seeking treatment is known as medical malpractice. Getting a favorable ruling can be tricky in these cases. In an operation, for instance, there is no guarantee one will make it. One needs to know all the fact to understand if their legal suit stands a chance.

What Should You Do If You Feel You Have a Malpractice Claim?

One thing you should avoid doing is being confrontational with the doctor or other staff. Contact a lawyer and ask them what you need to validate your claim. The lawyer will request you to give details of your first encounter with the doctor to the last one. Do not omit anything you said or he or she said, no matter how insignificant it seems to you. In addition, make sure to report to the lawyer as early as possible. There are limits to when a malpractice claim can be made.

What is A Certificate of Merit?

This is a common requirement in most states and it should not be something to worry you. It simply means you have to visit another physician for a second opinion. In such a case, the physician will have to certify that in fact treatment was not done properly. If you provide all the details and you genuinely believe you were wronged, this certificate will be easy to obtain.

What if I am Unsure If My Claim is Valid?

This is actually a very common phenomenon when filing a claim against a medical practitioner. Sometimes you may only learn of it after developing complications later on. However, a malpractice claims lawyer can assist you in this process. He or she will carefully assess your claim and give you the best legal advice possible.

What happens if I do Not Want to be dragged through a Court process?

ADR or Alternative Dispute Resolution is first gaining popularity. In this case, you may opt for a mediation process. This will entail both parties meeting at a conference and agreeing what should be paid out. The findings of an ADR are legally binding on both parties. The other alternative is appointing an arbitrator. This party is neutral and only deals with the facts. He or she acts as jury and judge. He or she assigns penalties and dismisses cases if necessary. The findings of an arbitration process are also legally binding.

How Long Will a Medical Malpractice Case Take?

Such a case is long and requires the establishment of all the necessary facts. The process will entail listening to testimony from medical practitioners and going through the records. It is rare for such a case to go below six months. The shortest time one can expect the case to be solved is two months.

When making a medical malpractice claim, information is important in winning the case. Make sure you have all the details and medical records with you. Take time to note down everything while it is fresh in your mind.