I was misdiagnosed at a hospital in Gulfport and am now way behind on treatment. How do I know whether or not I qualify for a medical malpractice claim? Will the doctor’s insurance company try to scam me?

Medical Malpractice Claims The Dos and Donts

The decision as to whether you have any legal claim, including medical malpractice claims, should never be made alone.  Deciding whether or not you have a medical malpractice claim should always be made with the help of a skilled attorney.

Don’t determine if you have a medical malpractice

Medical malpractice occurs when a healthcare professional (such as a doctor, nurse, technician, nurse’s or physician’s assistant, etc.) does something, doesn’t do something, fails to warn you, or makes a mistake in treatment or diagnosis that injures you, the patient– but only if the medical provider’s treatment was below the “standard of care.” The “standard of care” means what other careful and prudent medical providers in a similar community would have done under similar circumstances. Negligence or negligent treatment must have caused your injury.

If you believe, or even just suspect, that something may have been performed improperly or something went wrong with your medical treatment or procedure, you should immediately seek medical care and a second medical opinion to resolve any medical emergency that has arisen. Then, as soon as possible, you should contact a Gulfport attorney.  A bad result is not always proof that medical malpractice occurred, and a medical malpractice attorney can help you to determine if malpractice exists.

What to do after you’ve been a victim of medical malpractice:

Your attorney can also obtain your medical records which are a necessary element in deciding whether you have a malpractice claim.  Your attorney may also assist you in preserving any evidence that may exist. This should be done as soon as possible, including taking photos and videos of visible injuries, even if they seem minor.

It may also be important to keep diaries or logs of pain or medical treatments, schedule appointments with appropriate medical providers for further treatment or evaluation of the potential claim, and/or organize the documentation of your medical treatment, transportation, lost wages, and other costs.

Your attorney can help with all of these things, and your attorney may use these documents to either decide if you have a medical malpractice claim or to support your claim. If you have been treated by more than one medical provider, which is often the case not only in hospital but also during in-office treatments, your attorney can guide you in determining not only if you have a claim, but also in deciding which of the medical providers should be included in that claim. Some may be included, while others may not.

Do not hesitate to make your medical malpractice claim.

Do not wait! You can lose your claim just because time has passed! If that occurs, you may have to face and pay for your injuries alone.  Don’t let that happen to you!

The time limitations (called “prescription“ and “peremption” in Louisiana and “statutes of limitation” in other states) and the procedural requirements for filing a medical malpractice claim vary from state to state.

Don’t lose your rights!

There is no cost for a consultation at Morris Bart, and because we work on a “contingency fee” arrangement, there is no cost at all to you up front. We are only paid if you are paid, and our fees are a percentage of whatever settlement or judgment you may receive. You may have to document injuries and secure appropriate treatment or evaluation, so call us today!

Never contact the doctor’s insurance company directly.

You should never contact the doctor’s insurance company directly. Calls may be recorded, and your words could be twisted into a meaning you did not intend.

You may be pressured to sign releases which are not in your best interest,  before the full extent of your injuries is known.

And the information you supply or the actions you take may later be held against you.

Again, you do not want to face an insurance company alone, so you should immediately consult an attorney so that an appropriate investigation and documentation of the facts can begin with your rights fully protected.

Never sign a release or affidavit without seeking an attorney’s advice.

Your attorney will stand up to the doctor’s insurance company so that you receive the compensation you are due, and we may even be able to negotiate medical bills for you.

If you think, or even suspect, that you may have a medical malpractice claim, please call Morris Bart of Gulfport today!

Call: (228) 357-9621

January 26, 2016 | Categories: Legal Tips, Personal Injury |