Most of the time medical malpractice or hospital
neglect is enough to provide substandard care to a patient, which can result in
injuries. The patient has the right to claim
compensation under medical malpractice laws that are formulated to protect
the victim. However, the plaintiff must take proactive steps to assert their
legal right to damages.
Act
fast before time runs out
A victim of medical negligence must act
as soon as he/she realizes that the hospital is responsible for an injury.
Legal responses must be swift and taken within the time frame mandated by the
statute of limitations. However, the time limit varies from state to state.
Greenwood, MS medical malpractice lawyers such as Richard Schwartz, who are
well versed with state laws, say that residents in the state have two years to
file a lawsuit from the time the healthcare provider is alleged to have
committed malpractice or from when the malpractice was discovered.
The last part there is vital. Sometimes
there is a mistake done to someone who was in surgery or under the care in a
hospital and they are discharged and everything seems OK and normal. But the
unknown negligence in the hospital does not manifest itself 5 months later. Perhaps
the symptoms finally start to become more acute. Any number of things can be
wrong with the body because of some medical professional’s negligence. The two
years to file a lawsuit begins at that 5 month mark, not when you were
discharged from the hospital originally.
Steps
before filing a lawsuit
It is never wise to represent yourself
in court. Medical malpractice lawsuits are complicated to say the least.
Procedural complexities, evidence gathering, and cross examination of witnesses
and medical experts require the expertise of a Mississippi medical malpractice
lawyer. Malpractice legal representatives have a sound understanding of the
laws and are better equipped to handle lawsuits that often involve hundreds of
thousands of dollars against hospitals who are well represented by zealous
defense legal professionals.
The sunny news is that most lawyers will
not take any fee upfront if they find you have a valid claim. Most law firms
work on a contingency fee basis where they will take a percentage only if the
plaintiff wins the lawsuit.
Determine
all the parties responsible
Greenwood, MS medical malpractice attorneys
such as Richard Schwartz (https://www.1call.ms/greenwood/) know this is a pivotal
factor. Even if medical negligence or hospital neglect has occurred in the
premises of a hospital, the institution might not be involved. Often a doctor
uses the premises of a hospital as an independent contractor and is not
employed by the hospital. In such a case you will not be able to sue the
hospital. Therefore, you must sue the doctor whose incompetence has resulted in
your or your loved one’s injuries.
Gather
your medical records
It is essential to gather all your
medical records from the hospital. Hospitals keep patients records for some
years after the treatment. These records can be submitted as evidence, and is
often a deciding factor in any malpractice case.
Have
a lawyer evaluate your claim
The hospital may want to settle your
damages rather than get drawn into a long drawn battle in court. Therefore, you
must have a clear idea of how much compensation you need. There are some
parameters against which you must calculate your damages. The extent of your
injuries, medical expenses both past and future, income loss due to prolonged
illness, and pain and suffering, are among the important factors considered
when determining compensation.
Other factors include adverse lifestyle changes
such as the inability to enjoy time with kids or participate in sports, and
loss of consortium and companionship.
Who
can be named in a lawsuit?
Other than the hospital or a nursing
home, often the doctor, paramedics, emergency responders, nurses, and lab
technicians can be sued. As a victim you ought to consider every possible
individual or establishment who may be responsible for the negligence before
filing a lawsuit as once the proceedings begin you will not be to make any
change in the lawsuit.
You will need to comply with all the
procedural rules that often vary from one state to another. Many states require
an Affidavit of Merit from a medical expert attesting the fact that the
plaintiff’s case is a valid one. In many instances patients might have to agree
to ADR’s or Alternative Dispute Resolution and in many cases submit a claim to
the Medical Review Board before a court proceeding. You will need help in doing
all of this and this where Richard Schwartz comes into the picture. He is
probably the best lawyer in the Greenwood area for these types of cases.
Since medical malpractice and hospital
neglect laws are complex, make sure to seek the immediate assistance from a Greenwood,
Mississippi medical malpractice lawyer.
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