Thursday, January 7, 2016

What are the major aspects of filing a medical malpractice claim?

To be able to make a medical malpractice or hospital neglect claim there are a couple of prerequisites you ought to be aware of to get through the legal process and the final stage of filing a lawsuit. To begin with you will need the assistance of a medical malpractice legal professional such as Richard Schwartz and not just any type of lawyer to file a lawsuit in civil court. Richard Schwartz is one of the best lawyers in the state of Mississippi in medical malpractice and personal injury law.

Depending on which state you live in, there may be additional procedures for plaintiffs in order to make a medical malpractice claim.

If you or someone you know is a victim of medical malpractice you have the right to claim economic, non-economic, and punitive damages and Greenville, MS medical malpractice lawyers will be involved with you regardless of which legal door you are advised to walk through. It is always astute to seek legal recourse as soon as possible to get started on your case.

For the most part, there are many pre-filing requirements and conditions that need to be met within specified timelines for your medical malpractice claim to even be considered.

So you do not want to sue the hospital? You think it is not their fault you are feeling terrible. Well, whose fault is it? You need to call Richard Schwartz who is a Greenville, Mississippi medical malpractice lawyer and one of the best in this domain as well. The hospital staff may smile and be courteous all day long with you but that is not going to make you any better nor pay your bills. You need to go right here: https://www.1call.ms/greenville/ and make the call.
Contacting a medical malpractice legal representative

You may hear of the odd medical malpractice case that was handled without the assistance of a medical malpractice lawyer. However, in the practical world, especially for someone who cannot spend every waking hour diligently going over medical malpractice lawsuit related procedures, this is simply not a viable option. It does not matter even if you could, you do not have the necessary training and background to even comprehend how this situation works. You do not know case law or how to gather witnesses and how to handle something like this.

It is ostentatious to even think you could. Do legal professions believe they can do your job?

A Mississippi medical malpractice attorney will not only make things easier in terms of filing the lawsuit itself but will also be able to help put up a solid case to prove that the doctor, hospital or any other defendants in the lawsuit were indeed negligent. Their part of this case is indispensable.

Statute of limitations

Medical malpractice lawsuits in most states are subjected to a statute of limitations, and this dictates that a lawsuit needs to be filed before a certain amount of time has lapsed since the actual incident of the malpractice or hospital neglect. The general length of time is 2 years in the state of Mississippi.

However, if the discovery of the injury was not immediate the statute of limitations may extend to 7 years. Whatever the case maybe, the clock is always ticking and you need to consult a legal professional without any delay if you don’t want your case to be dismissed.


There are four main aspects of a case that needs to be established by a plaintiff in order for him or her to receive compensation. According to Greenville, MS medical malpractice lawyers this includes:
  • Establishing that there existed a patient/caregiver relationship between the defendant and the plaintiff
  • Establishing that there was a breach in duty by the defendant
  • Proving that this breach in duty caused damages to the plaintiff
  • Evaluating the damages in terms of monetary value

In order to be able to prove all of this, you need some concrete evidence to support your claims. This could include evidence in the form of medical records, testimonies, medical expert statements, witness statements, and deviation from standard procedure, to name a few.

Getting a medical expert to prove that the defendant did deviate from the standard care is a vital aspect of your hospital neglect case. All this can be only accomplished with the help of a Greenville, Mississippi medical malpractice lawyer such as Richard Schwartz. He will be able to gather all the required evidence and present it in court or to the mediator in the appropriate manner. Your prospects just shot up mightily.  

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