Thursday, April 7, 2016

Mistreated at a hospital? Still sick? Now what do you do….

(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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