Medical malpractice is one of the more difficult issues for a patient to deal with. When a person falls victim to the actions of a negligent or under qualified physician, a medical malpractice suit may be their only possible recourse. Physicians are expected to live up to a certain code of conduct and when they fail to do so, the patient is able to file a medical malpractice claim against them. If you believe that you’ve experienced medical...
When a person is injured due to the carelessness or negligence of another party, that party should be held accountable. When someone is injured, they must seek immediate medical attention. This usually involves hospital visits, tests, and medical procedures to treat injury and prevent further injury or even death. It may or may not include surgery, x-rays, MRI or CAT scans. This translates into thousands of dollars. Most of us carry health insurance and...
Medical malpractice is one of the more difficult issues for a patient to deal with. When a person falls victim to the actions of a negligent or under qualified physician, a medical malpractice suit may be their only possible recourse. Physicians are expected to live up to a certain code of conduct and when they fail to do so, the patient is able to file a medical malpractice claim against them.
If you believe that you’ve experienced medical malpractice and are wondering how to deal with it, keep reading, so that you can learn more.
How Do You Know If You Have A Claim?
If the prospective plaintiff has suffered damages or some form of injury as the result of their physician’s negligence, they are able to file a medical malpractice claim. These actions do not always happen directly and medical malpractice can also happen because of a false diagnosis or even a faulty prescription.
When a person has a reasonable expectation of receiving the proper care from a physician and experiences harm through no fault of their own, medical malpractice has taken place.
What Is The Filing Process?
Claims of medical malpractice are filed in a civil court system. The claim is filed so that the patient in question is able to recoup the costs of their injuries. In addition to their physical suffering, the patient usually experiences some form of mental distress, as well. Their emotional pain is also take under consideration once the suit has been filed.
The state in which the case is filed and their laws that are associated with medical malpractice claims go a long way towards determining the outcome of the claim. Any claim that is filed must have direct ties to the patient’s suffering or it will not be taken on by any reputable medical malpractice lawyer.
There also statutes of limitation that must be adhered to. Every state has their own rules and regulation regarding the amount of time that can pass before a claim is filed.
How To File
All information regarding the claim must be gathered prior to filing. The doctor’s actions, diagnoses and prescriptions are all heavily considered and the plaintiff will also have to provide proof of their lost wages, mental distress and time lost due to injury.
Once the information has been gathered and the claim is determined to be legitimate, a medical malpractice attorney is hired. They’ll use the information that you’ve provided to build a favorable case on your behalf. The more evidence and information that can be obtained, the better the chances of filing a successful claim.
Proving that medical malpractice took place can be challenging, but by taking the time to research the laws in your state, collect the necessary information and hire a qualified medical malpractice attorney, filing a claim is a much simpler process than you may have been led to believe.
What happens when our health insurance pays these medical bills before we are awarded our personal injury claim? After all, we pay for our insurance. We pay our co-pays and deductibles and the expenses go against our maximum coverage allowances. Should we (and our insurance company) be held responsible for hospital and medical expenses caused by others? The answer is no. These expenses are considered and added to our personal injury claim and settlement. However, this includes a third party (the insurance company) in the personal injury suit. Here is how it works:
Let’s use Bob as an example. Bob is hit by a forklift in a hardware store. Bob goes to the emergency room and it is found that among other minor injuries, Bob has a shattered ankle and must have surgery. The medical bills total $50,000.00. Bob’s insurance pays $48,000.00 and Bob pays a $2,000.00 deductible.
Now Bob files a personal injury suit against the hardware store. With pain and suffering, medical expenses, lost wages and the future issues with Bob’s ankle his attorney sues for $250,000.00. Bob’s insurance company files a lien against the suit. In essence the lien means, Bob was injured and has a right to sue, but the insurance company paid $48,000.00 due to the accident and if Bob wins, they want their $48,000.00 back from the settlement reached. If Bob recovers his $250,000.00, the insurance company gets their $48,000.00 back and the balance goes to Bob and his attorney. If you’ve been involved in a car accident contact the car accident attorney in fort worth.
One could argue that Bob should be able to keep the $48,000.00 because he paid his insurance premiums. We pay premiums every month and most months we are not sick or hurt and that money is a profit to the insurance company. In essence we pay in advance for health care that we may or may not need in the future. Further, Bob had to hire the attorney, file the suit and suffer the pain. So Bob feels he should be entitled to that money.
Insurance companies would argue that the reason they can charge the rates they do is because most people never use the dollars they pay in. If they had to factor in the medical bills of those who do actually make a claim they would charge higher rates. There is merit in both arguments; however as the law stands Bob would get the balance of his settlement after the insurance company and the attorney fees are satisfied. This is another reason Bob needs a good personal injury attorney. The attorney knows how the system works and how he can retrieve the maximum payment for Bob.