When a hospital is at fault for having
negligently committed a mistake that caused an illness, injury, or even death
to a patient, they may be held liable for medical malpractice in a civil
lawsuit 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 is not easy.
According to Atlanta, GA 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 claims and personal injury or wrongful death lawsuits
are subject to a statute of limitations. This is a deadline within which any
malpractice or hospital neglect suit must be filed or else the case would be
dismissed. The deadline is two years in the state say medical malpractice
attorneys in Georgia. Considering this, it is in your best interest to act as
quickly as possible after discovering that medical malpractice has occurred.
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.
Now you may want to do this as soon as
possible since in this tech savvy world, someone who has no problem committing
virtual crimes could be paid to erase vital information that could help you win
your case. If you watched the weak and subpar show Revenge with the brilliant
actress Madeleine Stowe who plays the sinning and conniving Victoria Grayson
you will know about this.
In this show, Victoria Grayson hires a
hacker to delete medical records she does not want anyone to know about. The
same could be done against you, someone could delete critical records that
could bolster your case. Do not worry, a hacker with these types of skills is
rare and it would even be rarer for someone to do this to hurt your case.
Now if you a case against someone like Victoria
Grayson or Hillary Clinton, you better contemplate all contingencies.
Determine
if the hospital 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 have 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 requires concrete
evidence and in most cases also a supporting testimony by a recognized medical
expert. According to Atlanta, GA medical malpractice lawyers who can be
securing using this fascinating legal website Medical-Malpractice.USAttorneys, the process of
gathering evidence is crucial.
Most legal representatives have doctors
in different fields they can call when they need expert testimony on a
particular medical topic.
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
There could be several parties that
could be held liable and includes 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 of hospital neglect medical malpractice
make sure to reach out to a medical malpractice lawyer in Georgia. However, it
is important to act soon before the deadline to file a claim expires.
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