When Can You File For Medical Malpractice?

Medical malpractice cases are filed by the injured or harmed patients due to the poor medical treatment received in a nursing home or any medical health care facility by a doctor, nurse, or technician. To prove whether the medical provider was negligent or could not provide the primary health care turns on whether the patient has received the same standard care from another medical provider under the same circumstances. Cedar Rapids personal injury lawyer can help you collect evidence of medical malpractice faced by your loved one. 

When can you file for medical malpractice?

It is essential to know when to file for medical malpractice to bring the claim legally. Like medical malpractice cases, every civil lawsuit has a time limit to file. This limit is known as “statutes of limitations,” which states that you are required to file your claim within a certain period from the occurrence of injury so that you can waive your rights and receive compensation for your injuries.

  • Get a medical evaluation to confirm the case.

Many states ask patients to file for a “certificate of merit” before filing medical malpractice case. The certificate of merit will determine if you have suffered injuries from a health care professional’s negligence. 

You should contact an expert, usually another physician, to file a certificate of merit. The expert will review and investigate your medical records and determine that your previous medical health care provider has deviated from accepted medical practices due to which you suffered from injuries. The attorney you have hired will take the rest of the case and file for a certificate of merit, providing evidence that you have contacted a medical expert and your action has merit.

  • Consider seeking an out-of-court settlement.

Medical malpractice cases take a lot of time and money, which is why most of the cases are settled outside the court. On the other hand, medical malpractice insurance companies do not accept a large portion of medical malpractice claims, so it is best to settle the case outside of court, removing the risk of having no case at all.

Requirements for a medical malpractice claim

You have to show the following things in order to prove that medical malpractice occurred.

  • A doctor-patient relationship was present
  • The doctor deviated from accepted medical practices and was negligent
  • Injury caused due to doctor’s negligence
  • The injury led to damages

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