Many people endure great hardship after mistakes are made in hospitals or doctor’s offices. These mistakes could range from a misdiagnosis to an irreversible surgical error like the amputation of the wrong limb. In either instance, victims are entitled to monetary compensation for the wrongdoings of medical personnel. But taking down a doctor, his lawyer, and his insurance company could prove very difficult. This blog offers advice on pursuing a medical malpractice claim, should you ever find yourself in such a position.
1. Burden of proof lies on the prosecution. In order to successfully pursue a medical malpractice suit, you will have to prove negligence. Medical negligence is conduct that deviates considerably from the standard of care required by law. This negligence could include the failure to order the right tests (which may lead to a failure to diagnose), misdiagnosis, ordering the wrong treatment for a diagnosis, etc. You have to be able to prove that the doctor in charge of your care misstepped in some way, and that you are now suffering from the consequences of his or her mistake.
2. Your injury must be demonstrable.In order for a judge and/or jury to see merit in your fight for compensation, your injury must be serious and lingering. Compensation earned will be for medical needs now incurred due to the results of medical malpractice. For example, if you arm hurts everytime you lift it, you’ll have a hard time convincing a judge you deserve money. But if your arm no longer works properly, and your unable to perform your job or everyday activities, now you have a legitimate case. A demonstrable injury serves as evidence of medical malpractice, and you can’t win a case without sufficient evidence. Be ready to prove your injury and it’s effects.
3. You must obtain your medical records. It is your legal right to obtain your medical records, so if those records are being denied you, seek the help of a medical malpractice attorney. That attorney will be able to obtain those records for you. Treatment records will also serve as evidence of medical malpractice, if malpractice actually occured.
4. You will need the assistance of a medical malpractice attorney. If you think you have a strong case against a doctor or hospital, seek the assistance of a medical malpractice attorney. Together, you can review the events leading to the malpractice, and determine whether or not you have a valid case.
At Messa & Associates, P.C., we offer free case evaluations and our attorneys work on a contingency fee basis. This means that we won’t make money unless you make money. If you are concerned that you are dealing with the results of medical malpractice, contact Messa & Associates, or call us at 1-215-568-3500. Let us help you get the compensation you deserve.
Joseph L. Messa, Jr. is the founding partner of Messa & Associates, P.C. He is an AV-rated attorney (highest rating available), listed in the Bar Register of Preeminent Lawyers. Read More