Filing A Medical Malpractice Claim: 3 Facts You Should Know

12 March 2015
 Categories: , Blog


When you turn to a medical professional for help, you expect that they will act in a competent manner. Unfortunately, not all medical professionals will live up to this expectation. In some cases, the neglect or incompetence of a medical professional may actually cause more harm than good. In these situations, current malpractice laws allow victims to collect compensation for their injuries. If you believe that you have been a victim of medical malpractice, there are a few facts that you should know before filing an injury claim against the medical professional who is responsible for committing this malpractice.

Fact: The Medical Community Is Primarily Self Regulated

Most industries will be overseen by a government agency, local community group, or other governing body to ensure no malpractice occurs. Unfortunately, this type of regulation is simply unrealistic within the medical community since the average person does not have the medical training and knowledge necessary to determine whether or not the actions of a physician or surgeon are justified. Consequently, this industry remains primarily self-regulated. What this means for your malpractice case is that you will need to obtain the opinion of an independent physician who agrees with your assertion that malpractice occurred. In the absence of this corroborating testimony, your malpractice case will be essentially impossible to win.

Fact: Medical Malpractice Cases Can Take Months Or Even Years To Settle

Even if you are able to prove that malpractice occurred, it is important to remember that you will only get one chance to collect compensation in your case. Consequently, it is vital that all damages associated with your case are addressed as part of your malpractice claim. Since the full scope of your injuries can take several months or even years to become clear, the process of receiving compensation in your claim may be extremely slow moving. If you are in need of a quick payout, filing an official malpractice claim may not be the right course of action for you. Instead, you may wish to try and settle the case with the insurance company directly. While this process can be completed much faster, it is important to note that it will likely yield a much smaller payout as well.

Fact: Pursuing A Malpractice Claim Can Be Expensive

Many malpractice claims will require the use of medical testing and expert testimony in order to establish legal liability. As a result, pursuing a malpractice claim can prove to be extremely expensive. Assuming that you do not have a large savings account that you can use to pay these expenses, covering these costs out of your own pocket may be impossible. This is just one of the many reasons why you should always seek out the services of an experienced malpractice lawyer like Bennett & Zydron PC when pursuing this type of case. Not only will these lawyers be able to cover the case related charges upfront, but they will also be able to help improve your chances of being successful in you claim.