10 Things About Medical Negligence Claim

Well, you should familiarize yourself with these valuable insights before you take any next step in filing a medical negligence claim.

Oftentimes, some or all of these 10 things could be the dealbreaker in your pursuit of getting compensated for the pains you have suffered due to a medical personnel’s negligence.

Here we go…

Avoid Lying

The court would find it an act of contempt toward its sanctity if you resort to lying and adding tidbits of information to aggravate your condition so you can get higher compensation.

When this happens, the court would find out, and you may face serious sanctions beyond losing the compensation you wanted. You may want to get the best medical lawyer here.

There is a Time Limit

You don’t have all the time in the world to decide whether you want to pursue the case in court. Some states put a limit on how long you can wait after the negligence before filing a lawsuit. Some are 4 years, 3 years, 2 years, or even a year.

Physicians are Protected by the CMPA

This is an important piece of information that deserves to be known by everyone planning for a court fight with a negligent physician. They are heavily protected by the CMPA body and the institution has a budget to fight cases of medical malpractice that have been raised against its members.

You Must Prove the Medical Personnel’s Negligence

This is done by establishing the following:

• a patient-healthcare practitioner relationship existed;
• the practitioner acted negligently by breaching the standard of care required; and
• the negligent action was the cause of actual damages you sustained

You can Submit a Claim Against Any Medical Worker

Who you can file a medical negligence lawsuit against is not limited to medical doctors alone. Anyone who fits the medical personnel profile is eligible to be sued insofar they have been negligent in their duty to you and as such you have faced harm.

How You’re Going to Fund Your Legal Battle?

Remember the offending party may have a large war chest to fight legal battles? So how do you fund your attorney fees?

Well, the commonly used payment agreement is the Conditional Fee Agreement (more commonly known as ‘No Win No Fee‘). Here the attorney would not be eligible to receive payment for their service unless you win.

In special cases,  Legal Aid can be available for medical negligence claims.

What Factors Determine How Much Compensation You are Eligible to Receive?

• The severity of the injury
• Length of recovery
• Impact on daily life
• Punitive damages
• Inheritance loss
• Loss of earnings
• Loss of projected earnings
• Loss of benefits

Be Prepared Not to Go to Court

The other party may be wary of the bad publicity the lawsuit might bring upon their profession and the brand they represent. Hence, in most cases of medical negligence, the other party might opt for an out-of-court settlement.

This is where your attorney brings their negotiation skills to the table. The better his negotiation skills, the higher your compensation.

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