Millions of Americans find themselves in need of a visit to the hospital each year, yet countless citizens are greeted with shoddy care upon entering the ER that’s nothing short of medical malpractice. However, so many of the slights endured each day by patients across the country go unanswered. What too few people understand is how to go about learning your legal rights and suing a hospital for medical malpractice in the event that you’ve been grossly wronged.
It’s time to stop standing idly by while medical malpractice takes more lives. Here’s what you need to know if you’re interested in suing a hospital for medical malpractice, and what obstacles you’ll likely encounter along the way.
Know how to document the process
First and foremost, you need to thoroughly document the process of suing a hospital for medical malpractice just as you would document any other extensive legal affair that’s likely to go on for some time. Lawsuits are seldom quick and easy to deal with and can oftentimes consume months or even years of your life before they’re entirely resolved. It’s therefore important that you keep a comprehensive paper trail throughout the entire process, as this will help you keep track of your previous actions while legally safeguarding you from potential rebuttals from the hospital.
For the average person who lacks legal expertise, it’s worthwhile to set aside some time to read up on documenting your medical malpractice claim so that you know what to do before the legal chaos begins. One you hire a lawyer and this arduous process gets underway, it can be easy for things to slip through the cracks and become forgotten, so doing this early on is highly recommended if you’re committed to success. Having a comprehensive medical record that documents exactly what happened and details how you were wronged by the medical professionals is the only surefire way of winning these cases.
You should be consulting an attorney early on in the process; from the time the initial injury is sustained, you should be talking to a legal expert and thoroughly document how that injury occurred and the negative ways that it’s impacting your life. If an injury is preventing you from working or doing other things you once excelled at, take note and document your loss of ability, which can be put on the legal record at a later date to help bolster your case.
Sometimes, however, everyday people are hesitant to reach out to a lawyer because they’re uncertain if they’ve been wronged in the first place. They feel sick or injured, yet they don’t know if what they suffered really amounted to medical malpractice worthy of a lawsuit. For those who are uncertain if what they suffered was medical malpractice, it’s useful to review the most common claims to see if your own situation mirrors that of others who have gone before you.
Know your locality
There’s no such thing as a one-size-fits-all approach to the rule of law, so you need to be familiar with your locality and how its own laws might impact your medical malpractice lawsuit if you want to succeed. Certain states have enacted laws that make it easier or more difficult to sue for medical malpractice depending on where it happened and what specifically occurred. The statutes of limitations can also vary depending on your state, so it’s highly recommended that you brief yourself on the statutes of limitations across state lines to determine when you need to file your claim.
Furthermore, it’s also worthwhile to survey the medical landscape and determine if the hospital itself was actually at fault. It may not have been the hospital or one of its employees who conducted medical malpractice, for instance, but rather a third party contractor, which could complicate your medical malpractice lawsuit and change the possible payout you may receive. If the doctor who treated you was just a contractor, for instance, you may find it difficult or downright impossible to hold the larger hospitable accountable for their malpractice.
A doctor’s liability is never an easy thing to figure out if you’re an average person, however, so don’t hesitate to contact an authoritative legal expert. As always, you should be closely relying on the advice of your lawyer when pursuing a medical malpractice claim.