All people make mistakes and some of them bring long-lasting consequences in others. For example, if an airplane pilot makes a mistake, he puts dozens of lives at risk. Something similar happens with health professionals. This is why this article will discuss the steps a victim must take to claim medical malpractice.
1. GO TO A SPECIALIZED LAWYER TO RECOVER THE DOCUMENTATION
The victim should go to a lawyer specialized in medical injuries. A personal injury lawyer or health attorney is the right one for the job.
Once the victim has chosen a specialist lawyer, they should bring all the documentation they have of medical malpractice. If the victim is unable to collect the documents or does not know how to do it, the lawyer may request this documentation on behalf of their client.
“WHAT DOCUMENTS DO I NEED TO PROVE MEDICAL NEGLIGENCE?”
Regardless of whether the case occurred in a public or private health facility, the first thing the victim should do is collect all the medical records they have. For example:
• Medication or treatment bills.
• Photographs of the physical damage suffered.
• Medical history.
The most important document of all is medical history, that is why health centers are legally required to deliver it.
All the aforementioned documents will serve to verify the damages and receive compensation. In case any of them are missing, the lawyers will do everything possible to also defend that injury in front of a court.
2. GO TO A MEDICAL EXPERT TO VERIFY THE VIABILITY OF THE DEMAND
The victim of medical malpractice should visit a doctor who specializes in the area where the injury occurred. That is, if the victim suffered injuries from a poor orthopedic procedure, they should visit a different orthopedic surgeon to confirm those injuries.
Only a health professional in the affected area can write their expert opinion in a report that lawyers will use to get their client fair compensation.
The doctor’s evaluation will indicate the severity of the damage and determine whether or not a claim is viable. The best law firms work with doctors who have health and legal knowledge and can clearly explain the victim’s condition to a judge.
3. GO TO SPEAK WITH THE RESPONSIBLE TO FILE THE CLAIM
The third step in claiming medical malpractice is talking to the person responsible. This means that the victim’s lawyer will present the situation to the victim’s insurance company, the health professional who treated them, or the responsible medical center, as the case may be.
The time of the claim varies according to whether the center is public or private, but both must respond to the claim in some way within a specified time.
4. REACH AN AGREEMENT
After negotiation, most medical malpractice minor injury cases are resolved out of court.
The compensation in this initial agreement is based on the medical evaluation made by the expert. As is often the case in all personal injury cases, compensation will be based on the severity of the injuries and the intent of the abuser.
5. APPEARING IN COURT
If either party doesn’t want to settle out of court, the case should be taken to court. There, the victim’s lawyer will explain with evidence why their client deserves to receive compensation for injuries caused by medical malpractice.
TO CLAIM MEDICAL NEGLIGENCE THE VICTIM NEEDS TO HAVE A PERSONAL INJURY LAWYER
As seen in all the previous steps, the help of a personal injury lawyer is essential to obtain compensation. Some people think that medical malpractice claims are a way to get money at the expense of doctors, but personal injury lawyers in Calgary know that is far from the truth.