how to handle a medical malpractice claim without a lawyer

If that is the case, you must understand the basics of how to process a malpractice claim without legal assistance. Draft what is known as a "demand letter" to the doctor or other professional you believe is guilty of malpractice. In the demand letter you set forth the general nature of your claim, including the damages you suffered.

Full Answer

Can I handle my own medical malpractice case without a lawyer?

As far as the legal system is concerned, you can handle your own medical malpractice case without hiring an attorney, but whether that's a good idea is the more important consideration.

How do I find the right medical malpractice lawyer?

An attorney who routinely handles medical malpractice cases will have the experience, contacts and procedural know-how to ensure your case is positioned for the best chance of succees. Learn how to find the right medical malpractice lawyer for you and your case. Medical records are usually the best evidence in a medical malpractice case.

Why hire a medical malpractice lawyer?

An attorney who routinely handles medical malpractice cases will have the experience, contacts and procedural know-how to ensure your case is positioned for the best chance of succees. Learn how to find the right medical malpractice lawyer for you and your case.

What constitutes a medical malpractice case?

First, almost every medical malpractice case turns on whether medical negligence on the part of a doctor (or other health care professional) was the cause of the patient's harm. It's not enough to show a less-than-desirable result after medical treatment.

What four elements must a plaintiff establish in order to recover a medical malpractice?

The injured patient must show that the physician acted negligently in rendering care, and that such negligence resulted in injury. To do so, four legal elements must be proven: (1) a professional duty owed to the patient; (2) breach of such duty; (3) injury caused by the breach; and (4) resulting damages.

What five elements must be present for malpractice to be considered?

Doing so means you and your lawyer must prove the five elements of negligence: duty, breach of duty, cause, in fact, proximate cause, and harm. Your lawyer may help you meet the elements necessary to prove your claim, build a successful case, and help you receive the monetary award you deserve.

How do I prepare for a medical malpractice case?

Below are some basic first steps in bringing a medical malpractice case.Contact the Medical Professional Involved. ... Contact the Relevant Medical Licensing Board. ... Know How Long You Have to File a Claim. ... Get a Medical Assessment to Confirm Your Case Has Merit. ... Consider an Out-of-Court Settlement.More items...•

What are the four common errors that could lead to a medical malpractice lawsuit?

Failing to evaluate a patient's medical history to identify possible complications. Failing to tell the patient critical preoperative instructions, such as not eating or drinking before the procedure. Administering too much anesthesia. Improperly placing the breathing tube.

What is the most difficult element of negligence to prove?

Many articles discuss what negligence is and how to prove it, but the least understood element among these four is causation. Additionally, out of these four elements, causation is typically the most difficult to prove, especially in medical malpractice cases.

What are the 4 D's of medical negligence?

Deviation from expected standard of care could fall into any of the following: Misdiagnosis or missed/delayed diagnosis. Birth injury. Surgical error.

What are the defenses to a medical malpractice action?

Three of the most common defense strategies in medical malpractice cases are:rejection of expert testimony.reduction or elimination of damages, and.absence of causation.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

What is the best definition of malpractice?

Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.

What two questions can be asked to determine malpractice?

That said, here are some questions that may help you answer whether you have a medical malpractice claim:What type of case is it? ... Was there a doctor-patient relationship? ... Did the doctor breach the standard of care? ... Has it been too long to file a claim? ... Was there an injury that was caused by the negligence?

How successful are medical negligence claims?

It is authoritatively shown that around 10 to 11 % of hospital admissions each year end in an 'adverse outcome' due to a medical incident.

What are the most common medical negligence cases?

5 Common Examples of Medical Negligence CasesIncorrect Medication. Incorrect medication prescriptions or administration of drugs is one of the most common cases of medical negligence reported. ... Prenatal Care and Childbirth Negligence. ... Surgery Mistakes. ... Anesthesia Administration.

How to settle a lawsuit in a professional setting?

Set forth the amount of money and other conditions you are willing to accept to settle the case. Set a specific deadline for the professional to satisfy the demand made in your letter. Advise that if the deadline is not met, you will take further legal action.

Who maintains both procedural guidelines as well as samples and forms for documents filed in a civil lawsuit, including

The clerk of the court maintains both procedural guidelines as well as samples and forms for documents filed in a civil lawsuit, including a malpractice case. File the completed petition with the clerk of the court. Request the clerk to direct the sheriff's office to serve the petition and summons on the professional you contend is guilty ...

What is a demand letter for a doctor?

Draft what is known as a "demand letter" to the doctor or other professional you believe is guilty of malpractice. In the demand letter you set forth the general nature of your claim, including the damages you suffered. Set forth the amount of money and other conditions you are willing to accept to settle the case.

Can you file a malpractice claim without a lawyer?

If you decide to pursue through court a malpractice claim with no lawyer, keep in mind that you will be held to the same standards as an attorney. You need to fully comply with all aspects of the law in pursuing your claim.

Do you have to provide a client with the name of their malpractice insurance carrier?

In most states professionals legally are required to provide a client with the name of their malpractice insurance carrier. If you fail in getting this information directly, the state licensing authority for a particular professional should have a record of her malpractice insurance carrier.

What are the benefits of hiring a medical malpractice lawyer?

Benefits of Hiring a Medical Malpractice Lawyer 1 The at-fault party’s legal team will likely have a lot of experience and be very difficult to counter alone. Your lawyer will have the negotiation and argumentation skills necessary to advocate for your best interests despite the presence of these lawyers. 2 Your case will almost certainly require a medical expert to testify on your behalf. Your lawyer will have access to a network of medical professionals who can provide insight into the at-fault party’s negligent actions and supply evidence to support your case. 3 You may not know how much your case is worth, or the ongoing care you will need following the verdict. Your attorney can accurately calculate your settlement value, partnering with economic and medical experts who can create a long-term care plan for your injuries.

When deciding whether or not to hire a lawyer, what are the two important considerations?

When deciding whether or not to hire a lawyer, you need to take two important considerations into mind: how complex is the type of case you’re filing, and how much is at stake?

The Medical Malpractice Claim Process

The medical malpractice process is usually a challenging case to win. It is for this reason that you need to seek competent legal representation to reach a negotiated settlement. Legal experts at Curcio-Law.com recommend that you should hire a professional medical malpractice attorney to settle a claim that involves negligence during treatment.

Prove Causation and Negligence

With the help of your qualified medical malpractice attorney, you can begin your case. An experienced lawyer can help you gather all pertinent information that can be used to prove negligence and causation of a secondary healthcare issue. The starting point is to contact the doctor who provided medical treatment before you file a claim.

Seek Medical Assessment

It is important to seek a medical assessment from another doctor to confirm an act of malpractice. You can get a certificate of merit that is later used in pursuing your case of malpractice. The second medical expert you visit must certify that your original doctor did not follow the accepted medical procedures which caused your injuries.

Negotiating A Settlement For Medical Malpractice Claim

When it is proved that the doctor is liable for the injuries suffered, you’re allowed to negotiate the value of the claim. The value of the claim is determined by several factors that include the following:

Out-of-court Settlement

The malpractice claim process is usually longer than what you would expect. Such cases are costly and time-consuming. Unfortunately, they are often rejected. Therefore, when a certificate of merit is obtained, and proof of negligence is documented, one should consider the option of an out-of-court settlement.

Takeaway Points

We are often faced with circumstances that we don’t know how to react to. Medical malpractice cases are common, but the main issue is that the claim process is usually complicated. It is important to prove negligence first before you file for compensation from your doctor.

What is a medical malpractice complaint?

The complaint is a formal recitation of the allegations against the defendant doctors and/or hospital. Once the complaint is filed, the lawsuit begins in earnest. Check out this timeline of a typical medical malpractice lawsuit to learn more.

What is pre-suit in medical malpractice?

Another outgrowth of the tort reform movement, pre-suit requirements are intended to streamline litigation, encourage settlement and help to weed out frivolous cases. As such, most pre-suit rules require some kind of expert support, either in the form of an affidavit of merit (or similarly-named document) that opines on the appropriate medical standard of care that was allegedly violated, and the injuries that resulted.

Can you get a copy of medical records?

You can get a head start on this process by requesting a copy of your records as soon as you believe you may have a case.

Why is malpractice a civil lawsuit?

Malpractice lawsuits represent a complex type of civil lawsuit, largely because as the plaintiff, you must prove both legal and medical issues. Also, keep in mind that you will be facing lawyers who represent the defendant or more likely the defendant’s malpractice insurance carrier.

What is Ben Crump Law?

Ben Crump Law, PLLC has helped many clients recover compensation and achieve justice. If you or a loved one suffered an injury through medical malpractice or negligence, please call for a free case evaluation. You pay no fees unless we are successful. Call today: 800-641-8998.

Can a defendant's lawyer argue that you are not injured?

The defendant’s lawyer may argue that if you feel well enough to tackle a lawsuit on your own, you may not be as seriously injured or negatively affected by malpractice as you claim. You will need to obtain evidence and testimony to support your claim for injuries and damages.

What is medical malpractice?

Medical malpractice cases are generally sought by patients who have been harmed or injured due to poor medical treatment or mistaken diagnosis from a medical provider such as a doctor, nurse, technician, hospital or medical worker. Typically, the measure of whether a medical provider was “negligent,” or failed to provide proper care, ...

What is the goal of a doctor?

Your goal is to get an understanding of what may have gone wrong and allow your doctor to determine whether it's something that can be remedied. In most cases, medical providers are willing to perform services (sometimes free of charge) to correct a problem or provide a solution.

Why settle out of court?

In addition, because medical malpractice insurance companies reject a significantly large portion of medical malpractice claims, it may be in your best interest to settle out-of-court or risk having no case at all.

Do you need a certificate of merit for medical malpractice?

A growing number of states require patients to file a “ certificate of merit ” before starting a medical malpractice case to determine that the injuries you suffered resulted from a health care professional's negligence.