5 questions to ask before starting a clinical malpractice claim

Medical professionals work in challenging environments, work to high standards, and provide good care. However, there are times when your care may fall below that standard and you suffer a worse outcome due to this negligence.

If you are considering filing a clinical malpractice claim, you may feel lost, unsure of where to start, or even unsure if you want to file a claim. This article looks at the five key questions to ask yourself before starting a clinical malpractice case, to see if you are ready to do so.

Are you prepared to go to court if necessary?

Most clinical malpractice claims will be resolved out of court. Statistically speaking, less than 5% of cases result in a full court trial. However, it is not uncommon for legal proceedings to be initiated.

Regardless of whether you think you will end up in Court or settle before your trial date arrives, you should always mentally prepare yourself to attend Court. You must also conduct yourself and your claim with the idea that everything you say or do about your case can be seen by a judge.

Ask yourself if you are ready to go to court. Are you willing to take the oath and testify in court? Are you ready to go before a judge and answer their questions? Otherwise, that does not mean that you should not initiate a claim, but you should inform your lawyer of this and follow their advice.

Ready to answer sensitive questions about your medical treatment?

Like the previous one, this question is about your personal comfort levels and what you are or are not willing to do.

Your lawyer must sometimes play devil’s advocate to predict what the Defendant’s arguments will be. Which means there will be times when they will ask you uncomfortable questions or questions that can make you feel like they are against you. They are doing this to be as prepared as possible to counter the Defendant’s arguments.

For example, if your attorney expects the defendant to argue that you did not raise your concerns about your treatment with your doctor, then they will ask you questions such as “why did you wait six months to raise your concerns?” “Why did you keep allowing Dr. X to treat you if you didn’t trust them?” “Why didn’t you get a second opinion?” “Why did you wait until X, Y, Z happened before acting?” They don’t accuse you of bad judgment or bad behavior; they are trying to destroy the defendant’s argument.

Are you fully recovered?

It is best to be fully recovered before starting a claim as it will make your injury easier to assess, that is, it will put a monetary figure on your delayed injury / recovery etc. It is also commonly accepted that filing a claim can be stressful for some, and if you feel that you are likely to find filing a claim stressful, then the stress will not help your health. You may want to wait a few months or weeks until your health has improved enough to handle it.

You have three years to file a claim; This time limit starts from the date you realized that you were negligent. This is the Awareness Date and it means that there is time for you to recover as much as possible before initiating a claim.

While it is not advisable to wait until the three-year term is almost up. However, it is wise to ensure that you have made a full, or if not fully, recovered to a high degree before filing a claim. If you plan to use an attorney to file your clinical malpractice claim, then it would be reasonable to approach them at least six months before the three-year period ends, to have your case evaluated.

Are you in time to file a claim?

Continuing with the above, you must ensure that you are on time to file a claim. As stated above, you have three years from the date you realized that you had been negligent to do so. If you don’t have time, it is unlikely that you will be able to file a claim as it will have prescribed.

However, in some exceptional circumstances, the courts may allow you to move on even if you don’t have time.

What financing options are available?

Most clinical malpractice claims can be assumed by an attorney under a no-win, no-collect agreement. Under this type of arrangement, if you are successful, a portion of your compensation will go toward paying your attorney’s legal fees. This is limited to 25% of your compensation. By law, an attorney cannot collect more than 25% of your compensation. However, you may be able to negotiate a lower percentage with your attorney.

Under a no-win, no-fee agreement, if unsuccessful, you will pay no legal fees. But you could still be responsible for any expenses your attorney has had to pay on your behalf. Disbursements include a fee for obtaining your medical records, medical expert fees, court fees, etc. Your attorney should obtain insurance to protect you from having to pay these outlays if you are unsuccessful.

There are other financing options available; you could fund your claim using pre-existing legal coverage on your home and contents insurance or your auto insurance. You should check your insurance policies to see if you have this type of coverage. There are benefits to using pre-existing insurance policies to pay claims, as some insurance providers will allow you to keep 100% of your compensation. However, there are disadvantages, such as that it is unlikely that you will be able to choose your lawyer, you will use a lawyer chosen by the insurance company and you will deal with them by phone and email, it is unlikely that you will. meet them face to face.

Conclution

You should carefully consider all of the above questions before approaching an attorney about your clinical malpractice claim. Filing a claim is a long process and can sometimes be time consuming. Some will find the process stressful and maybe with it, but if you have difficulty giving due consideration to the process, instruct an attorney and follow their advice, this will make things easier for you.

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