How can I determine if I am a victim of medical malpractice?
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Discerning whether or not a person has a case for medical malpractice can be
complex and costly. There are some obvious medical errors such as an instrument
being left inside a patient. However, the majority are much less obvious. So
how can you determine if you were the victim of medical malpractice?
The first thing you should do is contact an attorney experienced with
medical malpractice cases. Like all lawsuits, medical malpractice suits are
subject to a statute of limitations, which sets an amount of time a person has
to bring a suit after being injured.
Once you have contacted an attorney, the attorney will need to investigate
the merits of your potential case and discern whether or not medical
malpractice has taken place. This process will vary depending on your attorney,
but there are several steps. The first step is for your attorney to obtain all
relevant medical records. This process can be expensive and take time. The
records are not free and can take time to get to your attorney.
Once the records have been received, they must be reviewed by a person with
an understanding of medicine. Sometimes an attorney can tell from his or her
own review whether or not there is malpractice. However, it is more likely that
a nurse or doctor will review the record. These medical personnel will charge
for their time and can also take time to find.
Another factor that will influence your attorney’s decision is the cost of
preparing the case and the amount you are likely to be awarded by a jury. Even
if malpractice is clear, the cost of suit may not be justified by the potential
recovery.
If you believe you are the victim of medical malpractice, you should contact
an experienced attorney immediately in order to ensure the statute of
limitations does not expire during preparation.