You trust medical professionals to give you the best care, and when you go in for treatment, you expect to go home without any unexpected complications. Unfortunately, this doesn’t always happen, and sometimes, your trip to the doctor or hospital has unexpected and unfortunate consequences.
If you experience unforeseen complications after a medical procedure or doctor’s visit, you may have grounds for a medical malpractice claim. However, the complexities of medical malpractice cases may leave you scratching your head and wondering if anyone is responsible for your health complications.
Challenges of Medical Malpractice Cases
When a doctor’s visit or hospital procedure goes wrong, you probably already know your malpractice case is going to face challenges.
After all, you’re filing a claim against a licensed medical professional who’s often backed by a large network. This network can include HMOs, other medical professionals, and a suite of attorneys. Facing this wall alone is daunting and can even be enough to make you reconsider filing a medical malpractice claim.
However, even though your medical malpractice claim is going to face challenges, this doesn’t mean you should give up before getting started. Your case is probably going to face a few challenges but these complications aren’t insurmountable.
The Burden of Proof is on You
You can’t just claim you’re the victim of medical malpractice. You’re going to need to supply proof. In fact, the burden of proof is on you.
Without proof, your case is going to turn into a who has said what, when, and where. This means your medical practice case will probably be immediately rejected by the insurance company and the court. After all, it’s your word against a licensed medical professional. Their word will almost always trump your claims if you can’t provide proof of their negligence.
So, what is your burden of proof in a medical malpractice case? You must prove your l diagnosis or procedure doesn’t meet accepted medical standards. This often means bringing in medical experts, along with supplying your health history and records. If you can’t provide proof, your medical malpractice claim probably isn’t going very far.
Dealing with Common Medical Complexities
Since you’re probably not a medical expert and terms advancing past high blood pressure leave you feeling confused, imagine what this does to an insurance adjuster or jury. If you don’t understand the medical terms being thrown around in your malpractice case, you can’t reasonably expect anyone else to have clarification, which means you’ll need to do some research.
So how can you simplify complex medical terms? The easier it is for a jury to understand the complexities of your medical malpractice case, the better your chances of receiving a favorable verdict. Don’t be surprised if a medical expert is needed to testify on your behalf. After all, who better to explain complex medical terms than an expert?
The Statute of Limitations Can Affect Your Case
Your medical complications can affect your ability to file a claim. However, don’t wait too long to start the process. You only have two years in Georgia to file a medical malpractice claim. This statute of limitations is the same in most other states.
Why do you need to worry about the statute of limitations? If you miss the filing deadline for your claim, it may be automatically denied. There are very few exceptions to this deadline. The most notable is if you’re a minor at the time of the incident.
Minors may be able to file a medical malpractice claim after the two-year deadline. In their case, the deadline may kick in on their 18th birthday. Now, they have two years to file a medical malpractice claim. An exemption may also apply if your injuries leave you unable to file a malpractice claim. The statute of limitations may not take effect until your injuries allow you to participate in your case.
Even if your damages from the suspected medical malpractice don’t leave you unable to participate in your case, you’re still facing a deadline. This can leave you scrambling to gather evidence to support your claim. Starting your medical malpractice claim early is the best way to avoid any time limitation pressures.
Addressing Defensive Medical Practices
Okay, so sometimes defensive medicine practices work in your favor. Maybe you have a form of aggressive cancer and a cautionary procedure is the best form of treatment. In this situation, you’re happy your medical team used defensive medical practices. Your cancer is gone or in remission, and you’re looking forward to living your best life.
However, sometimes defensive medical practices don’t lead to the best results. You may find your condition is actually worsening instead of improving. Does this mean you have grounds for a medical malpractice case?
Sometimes, the answer is yes, and this is something you need to prove. But it’s not always a deciding factor, and you’ll need to prove that the physician performed an unnecessary or unregulated procedure. This often involves calling in medical experts to testify the procedure is either unnecessary or unregulated. You’ll also need to supply your medical records, so don’t throw anything away. Even if it’s a receipt for a prescription, it may be invaluable evidence in your medical malpractice claim.
Don’t Cave to Settlement Pressures
You can experience significant damages in a medical malpractice claim. These damages can include additional medical expenses and even lost income. Your complications from the medical procedure or diagnosis may prevent you from returning to work, and this may mean you’re losing out on paid work days. Yes, you need to provide proof in the form of pay stubs and bank accounts.
Regardless of what’s included in your medical practice claim, don’t sit down and accept the first settlement offer. The offer will probably be lower than your damages, especially if you’re still determining the extent of your injuries. Take your time and consult with an attorney before accepting a settlement from a medical malpractice injury claim.
Let the Legal System Work for You
Medical malpractice claims can get pretty intricate. Figuring out who’s at fault for your injuries can be confusing, and it’s normal to feel uneasy about taking legal action against healthcare professionals—that’s exactly where a medical malpractice attorney comes in handy. They know the ropes and can make the whole claims process less daunting.
With their expertise, filing a medical malpractice claim might turn out to be smoother than you initially thought. They guide you every step of the way, demystifying the legal steps and helping you feel more confident in seeking the justice you deserve.
