(Boston, MA) – April 7th,
2016 – When a hospital is at fault for having negligently committed a mistake
which has caused an illness, injury, or even death to a patient of theirs (this
does happen – just go watch the show ER and what happens sometimes in an ER
when ER doctors perform some surgeries), they may be held liable for medical
malpractice in a civil court and made to pay up for the damages accordingly.
However, like any other civil lawsuit,
filing a hospital neglect or medical malpractice lawsuit, and proving the
claims within the lawsuit in trial is not easy. The best chance a victim of
malpractice has in such cases is if he or she appoints a medical malpractice
lawyer to help acquire compensation through a malpractice claim
or lawsuit.
According to Boston, MA medical
malpractice lawyers, there are several elements that combine to successfully
file a lawsuit against a negligent hospital, or health care professional.
Act on Time
Medical malpractice cases are subject to
a statute of limitations. This is a deadline within which any malpractice or
hospital neglect suit must be filed. Any lawsuit filed post this will be
considered invalid and summarily dismissed. This applies to all states but the
actual time period may vary from state to state. The deadline is three years in
the state of Massachusetts according to medical malpractice attorneys. Considering
this, it is in your best interest to act as quickly as possible after
discovering that medical malpractice has occurred.
This is not the time to procrastinate.
This is not the time to lose focus. You do not want to be like Lloyd Christmas
(Jim Carrey) or Harry Dunne (Jeff Daniels) in Dumb and Dumber. You do not want
to be a total mess and irresponsible. You have to handle your business. In both
movies the endings were pleasant and happy for them (though in the first one
they turned down an incredible job at the end but that is another story) but
this is make believe. This is not reality.
If you are not organized or find a legal
counselor in a decent amount of time you are only hurting yourself. And if you
choose to put this situation off you could be damaging your case and hurting yourself
financially for years to come.
Medical Records
A hospital is required to maintain every
patient’s medical records for a few years. You will have to request the
concerned hospital to give you copies of all your medical records.
Determine if the Hospital itself is Negligent
One of the major aspects of a hospital
neglect case is to determine if the hospital itself and not an independent
contractor was negligent in causing the injuries or death. Even though
negligence may has occurred at the hospital it does not mean that the facility could
be the one responsible. If the doctor is an independent contractor and is not
employed by the hospital then you will have to sue the doctor. The same applies
in the case of nursing home abuse.
Gather Evidence
Proving that a health care professional
or organization was negligent in diagnosis or treatment is no cake walk. It
requires concrete evidence and in most cases also a supporting testimony by a
recognized medical expert – normally another doctor. Boston, MA medical
malpractice lawyers know that gathering evidence is crucial just like the
Boston Red Sox know that beating the Yankees is crucial and enjoyable as well. Many
legal pros have medical experts they know they can contact to see if they will
support their case and their client.
Determining Damages
Whether you intend to settle your case
outside of court or win damages in trial, you first need to know what exactly
your case is worth and appeal accordingly. Your legal counselor will be able to
evaluate your case and make sure your compensation claim covers all your past
and future expenses, wage loss, loss of consortium, pain and suffering, and
other related issues.
Identify the Liable Parties
Was it malpractice by a doctor or a
hospital’s negligence that caused your injuries or the death of a loved one?
There could be several parties that could be held liable including nurses, the
ambulance service, and other healthcare professionals. It is vital that all the
liable parties are sued since it may not be possible to make any changes later
once the lawsuit is in progress.
If you are a victim or medical malpractice make
sure to reach out to a medical malpractice lawyer in Massachusetts. Your legal
counselor will be able to do all of the above i.e. gather evidence, determine
damages, bring in medical experts to testify, and sue all the parties liable
for your pain and suffering. However, it is important to act soon before the
deadline to file a claim expires. Do not be a Lloyd and Harry, be responsible
and show the other side how tough you are.
Not sure how to find the legal help you
need? Press right here: Medical-Malpractice.USAttorneys. Use this digital
tool to secure your future. Contact us if you want as well. We may respond that
same day.
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