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How to start a medical negligence claim

By Karnas Law Firm |

Although medical negligence is rare in an advanced healthcare system, it does happen sometimes. Medical negligence might be life-threatening, and you will deserve compensation if you are a victim of wrongful medical procedures.

However, getting reasonable compensation by yourself might be difficult, and you can hire Tucson medical negligence lawyers who are experienced in dealing with medical negligence claims. Here is how to start a medical negligence claim.

Make a Complaint

The complaint will let the doctor who treated you and the hospital know about the negligence you experienced at their hands. If the hospital is reasonable, it will offer an explanation and an apology for the negligence. However, most hospitals do not accept the blame for the negligence.

If they do not take your complaint seriously, you can opt for a lawsuit against the hospital.

Know What You Can Claim

You will claim about the negligent treatment which caused you harm, and you should have evidence that the treatment administered was contrary to the standard treatment based on the healthcare policies. However, you should not delay the claim as it becomes obsolete three years after attaining the injury.

There can be some exceptions if you realize you were subject to harm later, but it is essential to know:

  • The exact incident
  • Date
  • Hospital
  • Procedures administered

The medical negligence suits fall under the strict legal definition, and you should understand how your case applies. Your case will go forward if you can prove liability; this is proof that the medical staff irresponsibly treated you. Moreover, you should show causation, proving that harm was done due to direct negligence in a hospital environment.

The causation is treated on the probability that there is more than a 50% chance that the medical procedure caused harm. Since the medical field is under constant change, if you feel that the doctor did something that they should not have done and other doctors claim that the procedure was legal, they would have administered it themselves. Then your case would be considered invalid.

How Long Will the Claim Valid

What Is the Difference Between Semi-Truck and Car Accidents?For children below 18 years when the accident occurred, they would have three more years after turning eighteen to make a claim. After the 3 years elapse, the claim might become invalid.

If the patient had mental health problems when the medical negligence was administered, they would be free to file the claim years later. But the three-year limitation is for patients who regain mental capacity.

If a patient passes due to medical negligence, the family will have three years to claim the negligence their loved one received at the hospital. The family members putting forward the claim have to do so on behalf of the patient’s estate, and it would be prudent to have the correct standing in court.

Final Thoughts

Medical negligence does not occur frequently, but you would be a victim of a wrongful medical procedure. In that case, you should learn how to start a medical negligence claim and hire an attorney to handle your case. The attorney will be knowledgeable and will draft a claim that leads to reasonable compensation for your loss.

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