When you submit a claim to your medical care provider's insurance company for malpractice, the company will evaluate how strong your case is. If your case is not too strong, there is a possibility that the insurance company could reject your claim. Before filing your claim, it is a good idea to evaluate it to find weak spots that could possibly hinder your case. Here are some things to look for.
Did You Have a Relationship with the Provider?
In medical malpractice cases, you have to prove that there was a doctor-patient relationship between you and the medical care provider responsible for your injuries. Establishing a relationship is relatively easy to do. In fact, the provider most likely will admit that the relationship existed.
If not, you can rely on documentation, such as bills and your medical records, to prove the relationship.
Was the Provider Negligent?
One of the most important elements of a malpractice case is whether or not the medical care provider was truly negligent. It can also be one of the most difficult to prove. You have to prove that the doctor's actions were clearly incompetent.
For instance, if your doctor failed to perform the tests necessary to diagnose your medical condition, you can argue he or she was negligent. You only have to prove that a competent doctor would have ordered those tests.
To prove negligence, you need a medical expert. The expert can be another doctor or other medical-related professional who can attest to what is considered to be within the norm for treating a patient with your particular condition. For instance, if the negligence is related to a heart condition, a cardiologist would make an excellent expert.
Were You Hurt?
Even though the medical care provider might have been negligent, you are not guaranteed a settlement. In medical malpractice cases, you must also show that the provider's negligence harmed you. Harm is not limited to just a physical injury. It can also be shown through other means, such as medical bills and an inability to work due to your injuries.
If you are unable to directly link your injuries with the actions of the doctor, your case could be in trouble.
To assess every aspect of your medical malpractice case, work with an experienced attorney. He or she can consult with a wide range of experts, including a medical expert, to determine if your case strong enough to win against the provider. If you're looking into filing a medical malpractice suit, click here for more info or contact a medical malpractice lawyer today.
Share14 January 2016
When I was injured in a slip and fall accident a few years ago, my family and friends had a hard time relating to the things I was going through. While some people thought that my decision to file a lawsuit was frivolous, others were under the impression that I would walk away as a millionaire. Their lack of personal experience with this type of legal problem left me feeling alone during one of the most difficult times in my life. That is why I decided to start this blog so that accident victims from all over would have somewhere to come to get the information and support that they need. I truly hope that this page can be that place for you.