Friday, June 20, 2008

Steps to consider in your claim for Medical Malpractice

According to recent studies, medical malpractice is considered as the fifth caused of death in the United States. Therefore, we have to do something about it. It is necessary that you should know what to do when involved in such kind of issue.

The following guidelines will help you, when faced by a medical malpractice issue;

  • Be aware of your states statutes of limitation.

    It is important to note that once you or any member of your family has suffered an injury due to medical malpractice you can file an action or a medical malpractice claim in court against the party at-fault.

    At the onset, you need to know your states law on statute of limitation. The law on statute of limitation will determine the period when you can file your claim for medical malpractice.

    Some states allow victims at least one year from the date of injury or the date personal injury was discovered to file a lawsuit – other allow two to three years.

    The law on statute of limitations varies from state to state, therefore you need to consult the service of a personal injury lawyer the soonest time possible.

    Otherwise, your rights to enforce such claim will be barred, meaning you cannot file an action regarding the same subject matter in court.

  • Get a copy of your medical record.

    You should get a copy of your medical records. This will serve as one of your evidence to be presented in order to substantiate your claim against the party at-fault.

    One of the causes why a claim of the victim is not fully satisfied is that they fail to present evidence like medical records that would prove in court the degree of injury they have suffered.

  • Consult a personal injury attorney.

    Time is of the essence in a claim for medical malpractice. That is why it is necessary to consult a personal injury attorney immediately. Only an attorney expert in the field of medical malpractice can help you establish your claim against the party at – fault.