Did you know that only 2.9% of medical malpractice victims file claims? If you are a victim of hospital negligence, you could have a case and win it. There are a lot of steps to take before you can file your claim, but our guide can set you up for success.
Read on to learn about the three most important factors in a hospital negligence claim.
1. Acting Before the Statute of Limitations Deadline
If a patient does not act before the Statute of Limitations deadline, a hospital negligence claim will not be successful. Patients must file a claim quickly when suing a hospital for negligence. Depending on the state you are filing in, the time limit varies.
Hospital negligence cases take time. Patients have to follow additional steps before legally filing a complaint. For this reason, it is essential to get started on the claim as soon as possible.
2. Speak With an Attorney to Determine Negligence
Hospital negligence lawyers are almost necessary if you want to file a claim. It is almost impossible to win this case on your own.
Because there are legal and medical standpoints of a case like this, they can get very complex. Proving negligence is going to take a professional hospital negligence attorney who understands how the law applies to your situation. Their expert advice will also guide you through what a medical malpractice plaintiff has to go through.
In a hospital negligence claim, a lawyer can help you discover if the facility is held responsible or an independent contractor. Figuring this out is crucial to getting compensation for the victim.
Medical negligence may occur at a hospital, but that does not mean the facility can be held responsible. If the negligent doctor is not an actual employee of the hospital, you will pursue action against that doctor.
Most doctors are not actual employees of hospitals. This means you can’t sue a hospital for the treatment the doctor did. You can sue the hospital if the doctor’s incompetence was obvious and the facility should have stepped in.
3. Determine the Value of the Case
The hospital or the individual doctor may offer to settle the case. Often, they do this to avoid going to court but lowball the victims. To ensure you are getting what you deserve, you must determine the value of your case with the help of a lawyer.
The damages could include medical treatment needed after the error, wage losses, pain and suffering, loss of consortium, and the inability to enjoy life. You must obtain your medical records to prove the financial burden the instance caused.
Don’t settle the case without speaking to your lawyer. They can determine if you can gain more compensation from denying the settlement.
Are You a Victim of Hospital Negligence?
As a victim of hospital negligence, you may be eligible to file a claim and receive compensation. Depending on the state you are filing in, the requirements may vary. Generally speaking, this guide can help you win your lawsuit and gain the damages you deserve.
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