Pursuing a Medical Malpractice Claim: What You Should Know
Many people endure great hardship after mistakes made in doctor's offices or hospitals. These mistakes could range from misdiagnosis, to amputation of the wrong limb. In either instance, victims are entitled to monetary compensation for the wrongdoings of medical personnel. But taking down a doctor, his lawyer, and his insurance company could prove very difficult. This blog offers advice on pursuing a medical malpractice claim, should you ever find yourself in such a position.
Medical Malpractice: Tips on Filing Suit
1. Burden of proof lies on the prosecution. In order to successfully pursue a medical malpractice suit, you will have to prove negligence. Medical negligence is conduct that deviates considerably from the standard of care required by law. This negligence could include the failure to order the right tests (which may lead to a failure to diagnose), misdiagnosis, ordering the wrong treatment for a diagnosis, etc. You have to be able to prove that the doctor in charge of your care misstepped in some way, and that you are now suffering from the consequences of his or her mistake. 2. Your injury must be demonstrable. In order for a judge and/or jury to see merit in your fight for compensation, your injury must be serious and lingering. Compensation earned will be for medical needs now incurred due to the results of medical malpractice. For example, if your arm hurts everytime you lift it, you'll have a hard time convincing a judge you deserve money. But if your arm no longer works properly, and you are unable to perform your job or everyday activities, now you have a legitimate case. A demonstrable injury serves as evidence of medical malpractice, and you can't win a case without sufficient evidence. Be ready to prove your injury and it's effects.
3. You must obtain your medical records. It is your legal right to obtain your medical records, so if those records are being denied you, seek the help of a medical malpractice attorney. That attorney will be able to obtain those records for you. Treatment records will also serve as evidence of medical malpractice, if malpractice actually occured.
4. You will need the assistance of a medical malpractice attorney. If you think you have a strong case against a doctor or hospital, seek the assistance of a medical malpractice attorney. Together, you can review the events leading to the malpractice, and determine whether or not you have a valid case.
Medical Malpractice and the Mininno Law Office
At the Mininno Law Office, we offer free case evaluations, and our attorneys work on a contingency fee basis. This means that we won't make money unless you make money. If you are concerned that you are dealing with the results of medical malpractice, contact the Mininno Law Office, or call us at 856-833-0600 in New Jersey, or 215-567-2380 in Philadelphia. Let us help you get the compensation you deserve.
John Mininno, Esq. is a certified trial attorney practicing in New Jersey and Pennsylvania. He specializes in Medical Malpractice, Personal Injury, Defective Products/Product Liability, and Nursing Home Abuse.
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