Posted on: 4 December 2017Share
When it comes to all aspects of medicine, accuracy is essential. Unfortunately, accuracy does not always occur – lack of consent, poor medical care, misdiagnosis, surgical errors, and more, which can result in serious harm or injury to patients. When this happens, you may be eligible for filing a medical malpractice claim against the negligent party. If you have become a victim of medical negligence, here are the first steps that you need to take as you seek justice:
Step 1: Reach Out to the Medical Professional
Your first step is to get in touch with the healthcare professional who is responsible for the injury that you are now dealing with. This should always be done before you file a claim. You and your doctor will try to determine what went wrong and your doctor (hopefully) will attempt to remedy the situation. After all, who wants a lawsuit filed against them? You may be able to receive free services as a solution if you are willing.
Step 2: Contact the Medical Licensing Board
When contacting the medical professional does not remedy the situation, which may be the case, your next step is to reach out to the appropriate medical licensing board. While they will be unable to force the professional to offer compensation to you, they can discipline the professional. They may also be able to offer guidance on your next steps.
Step 3: Understand Your State's Statute of Limitations
After you have been injured by a medical professional, it is important that you realize you only have a certain amount of time to file a legal claim against the negligent party. This is called a statute of limitation, and this time-frame will depend on the province in which you live. If you fail to file within this specific time period, you will lose your right to compensation. Therefore, your next step is to check your province's laws for its medical malpractice statute of limitations.
Step 4: Consult with a Medical Malpractice Attorney
Your next step is to talk to a medical malpractice attorney about your individual situation. This will allow you to determine whether your case even has merit to proceed. An attorney will discuss both the strengths and weaknesses of your medical malpractice case with you and evaluate your case. He or she will then give you his or her opinion on how to best move forward, such as considering an out-of-court settlement or taking the risk and going to court in the hopes of a larger settlement.
Contact a malpractice lawyer for more information and assistance.