What Hospital Victims must do to File a Medical Malpractice Lawsuit

Millions of people suffer from medical malpractice. Other than doctors and medical professionals, hospitals too are responsible for negligent practices. It must be remembered that medical malpractice laws give patients the right to claim compensation if they are injured due to neglect. However, the victim should take some proactive steps to assert their right and Augusta, GA medical malpractice lawyers such as David Dekle Law have seen this from every angle.

File before the Deadline Expires

If you wish to file a malpractice suit against a hospital it is smart to start taking steps to complete the process as soon as possible. This is because plaintiffs have to adhere to the state of limitation laws. This law provides a deadline within which a malpractice or hospital neglect claim can be filed. Statute of limitations however differs from state to state.

According to Georgia medical malpractice attorneys and one of the best in the region in this type of law is David Dekle Law, the deadline on medical malpractice is two years from the date of injury or death. However, they acclaim that the date of injury or death can be much later than the date of the incident that led to the injury or death. What plaintiffs must also note is the statute of limitations may vary depending on the type of injury suffered although the general deadline is two years.

Consult a Medical Malpractice Lawyer

Medical malpractice and hospital neglect cases involve complicated legal procedures and hence a plaintiff must never think of handling a case without a litigator. Since the hospital’s reputation is on the line, the management throws everything they have in their legal arsenal at the plaintiff including expert witnesses who will try to prove that the medical history or the plaintiff’s lifestyle resulted in the injury (or a pre-existing one) and that the hospital had no role in the suffering.

To counter these claims, medical experts from the plaintiff’s legal team will need to provide evidence. Sensational Augusta, GA medical malpractice lawyers which is certainly David Dekle Law since he knows the law with acumen and his legal case record sparkles know where to look for expert medical witnesses and how to manipulate loopholes in the defense to get a verdict in favor of the plaintiff – their client.

Have you seen the show The Good Wife? They do this all the time. So does David Dekle Law and he is for real!

Determine Who can be held Liable for the Neglect

This is a pivotal aspect of medical malpractice cases. Even when negligence happened in the premises of the hospital, it does not mean that the hospital is at fault. Doctors are often responsible for wrong treatment and in many instances the doctors are not employees of the hospital.

Therefore, you cannot sue a hospital for a doctor’s wrongdoing when the doctor is an independent contractor. Moreover, other medical professional like nurses and paramedics might be at fault for the injury. You must first have a clear picture of who is liable and then file the lawsuit. You should not assume anything.

Gather Medical Records

All your medical records are filed with the hospital for at least a couple of years. You must ask the hospital to provide you copies which hospitals usually willingly do but some might charge copying expenses.

Comply with all the Rules of Filing

Rules of filing a medical malpractice or hospital neglect claim vary according to the state. In many states a qualified doctor must provide an affidavit of merit to the plaintiff attesting that it is a valid claim. In many states, the plaintiffs are required to approach the medical review board and submit their claim there before a lawsuit. In a few other states plaintiff must try alternative dispute resolution before a lawsuit.

Drafting the Complaint

The complaint should have the following:

• Patient’s name
• Name of responsible parties
• How the injury happened
• The extent of the injuries
• Proof of monetary expenses

If you have been injured due to hospital neglect or a doctor’s negligence, it is prudent to seek help from a reliable and focused North Central Georgia medical malpractice lawyer such as David Dekle Law. Your legal representative will be examine the actions and failures of the doctor or hospital and help you file a lawsuit because someone should pay for your lost time and unnecessary pain. The person who can do this is David Dekle Law since he has done it so many times before.

You pay him nothing up front. You only pay him when the case is settled and since he only takes a percentage it is like you pay him nothing at all. He has the medical experts to back up your claim. If you have a viable case, give him a call – he can be reached right here: DavidDeklelaw.com. David Dekle Law has won thousands and thousands of dollars for past clients, you can be on this winning list as well.