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.
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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