I've Been A Victim Of Medical Malpractice. What Are My

I've Been A Victim Of Medical Malpractice. What Are My Rights

If you have been injured or made ill as the result of medical malpractice, you should act as early as possible to protect your rights. The rights of medical malpractice victims vary by state, making it crucial that you speak to an experienced medical malpractice attorney in your area to determine whether you may be eligible for compensation. The law typically limits the amount of time in which a victim of medical malpractice may file a claim, so time is always of the essence. The sooner you get an experienced medical malpractice attorney involved, the better your chance of protecting your rights as a victim.

You will have the right to file a claim. Filing a claim is generally the first step a medical malpractice attorney will take in prosecuting your case. Of course, before your attorney takes that step, he or she will need to determine whether you have a viable case. Many state courts require a sworn affidavit from another medical professional, verifying that medical malpractice has occurred in order for you to pursue your case in the civil justice system. Since a viable case is essential to recovering monetary damages, it is imperative that you be straightforward and honest with your attorney about your medical history and the facts and circumstances surrounding your malpractice case.

Your right to file a claim may be limited by the law. In other words, you will most likely be required to file your claim within a certain amount of time following the act (or discovery) of medical malpractice. Typically, states afford victims of medical malpractice 24 to 30 months from the date of the incident to file a claim.

Because medical malpractice is such a specialized area of the law, you will want to retain an attorney with vast experience in medical malpractice cases. Although many personal injury attorneys accept medical malpractice cases as a rule, very few of them know their medicine or are qualified to prosecute serious medical malpractice claims. When seeking an attorney, you should ask what percentage of the lawyer's practice is devoted to handling medical malpractice cases. You should also inquire as to whether your prospective attorney has handled cases similar to yours and what the outcomes of those cases have been. For complex medical malpractice cases, you may want to consult with an attorney who is also a medical doctor.

Prosecuting a complex medical malpractice case can be an expensive endeavor. Before retaining an attorney, be certain that attorney has the resources to front all expenses that might arise during your case. These expenses might include examinations and expert testimony by qualified physicians, volumes of medical records and elaborate exhibits, like medical illustrations, diagrams and models.

The rights of medical malpractice victims are diminishing in many states. If you believe that you or a loved one has been the victim of medical malpractice, you should learn your rights and take steps to protect them as soon as possible.

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