A personal injury medical malpractice claim is different than a typical personal injury claim. A medical malpractice claim requires extensive documentation and proof that a physician acted negligently. Below is advice on making a personal injury claim for medical malpractice.
Determine Your Route
When making a medical malpractice claim you must first determine how you would like to proceed: through an insurance company, in court or through negotiations. Each of these options has benefits and drawbacks, and may or may not be applicable depending on your type of injury. If you are unsure about how to proceed, seek legal assistance and advice. Additionally, many states have laws that govern medical malpractice claims which must be followed for the case to later be litigated in court. These laws will make the decision for you about what route you must take.
Know What You Must Prove
Regardless of the path you take for your claim, you must have evidence of your injury and that your injury was caused by malpractice. This means showing that your current injury would not have occurred if the physician had acted properly. Most states have created elements that a malpractice claimant must prove to be successful in his claim, but almost all of these elements require demonstrating that the physician did not act as a normal physician would have in the circumstances.
Gather Your Evidence
Once you know what you must prove, you can then collect the documents, data and other information you need to support your claim. Request copies of your medical records from before, during and after treatment by the physician you are accusing of malpractice. Also, collect this same information from any physician you visited after the malpractice occurred. Make copies of everything so that you do not give away your only copy of a document.
File Your Claim
Presumably, the first place you must start in your malpractice suit is to file a claim with the physician’s insurance company or the physician himself. If a form is not provided for your claim, you must write a letter stating: 1) that you believe malpractice occurred and what that malpractice was, 2) that you suffered damages as a result of the malpractice, 3) the amount of compensation you seek for your damages. This letter should be as specific as it needs to be to demonstrate your claim, but not overly detailed.
Getting Legal Help
If you have been injured due to medical malpractice and want to file a claim, seek legal assistance. A lawyer will advise you about the best method for filing your claim and your chances of success.
