Claiming Malpractice

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Filing a Claim

Filing a malpractice claim is always a difficult legal issue that can become very complicated. This is especially true in the medical industry. Malpractice claims by requirement will include a specific stated injury to the plaintiff and the manner in which the respondent was negligent when administering a reasonable duty of care.

Negligence and duty of care are always the central questions in all personal injury cases, and it is the responsibility of the plaintiff to prove the claim. This sounds like a simple task in general, but the truth is that material case facts are vital to proving malpractice and all cases are defended vigorously by the particular professional indemnity insurance company. That is why it is crucial to retain an experienced malpractice attorney to represent the case.

     I. Contacting the Respondent

It is always important to communicate the nature of the injury to the potential respondent. Sometimes remedies are available, but many times they are not. This is not necessarily a trivial step because it lets the respondent know there is a problem and gives them an opportunity to acknowledge the injury or deny the claim.

However, it is never a good decision to attempt handling the matter personally because the insurance companies will be involved as well with a team of professional negotiators and attorneys when a claim is serious. Although this may provide an idea of how difficult the case may be, it is still imperative to contact a malpractice attorney immediately.

     II. Seek a Second Opinion

The next step in filing a malpractice claim will involve seeking a third-party opinion on the previous course of treatment. This is usually accomplished best after retaining a malpractice attorney who has networked with a service professional who will provide an honest evaluation of the problem. This provides counter evidence that can be used to reinforce a case.

It is important to remember that personal injury lawsuits are often settled based on testimony that the court considers expert and technicalities can matter greatly. Expert witnesses who have worked with your legal counsel in the past are not as reluctant to get involved in the claim.

Time Limitations

All personal injury claims are subject to expiration of the time period to file. This is termed as the statute of limitations and time limits vary dependent on the state of occurrence. Typically, the limitation period is two years in most states. However, all malpractice attorneys understand when they can or cannot file a lawsuit following a claim and will make sure all time deadlines are met before taking the case. Time limitations can be a difficult issue to pinpoint because the question of when the time begins is very important, as most states begin the statute limitation period at the point the injured party understands the injury exists.

Handling Yourself vs Contacting a Lawyer

Never attempt to handle a malpractice claim personally. The rules of admissible evidence can be tricky and the court could dismiss a claim summarily if the injury does not pass the initial validity test. Having an experienced malpractice attorney means a case cannot necessarily be dismissed immediately on technicality and a thorough investigation can be conducted on the behalf of the injured party. The responding insurance company will always have a legal team, and the claimant needs one as well for a successful outcome.