Monday, June 23, 2008

Factors that may affect your Claim for Medical Malpractice

In the United States, study shows that medical malpractice is one of the common causes of death.

It is also reported that the number of unsatisfied claims seems to increase. Many causes may affect the claim of a victim. Some of these are:

  • Your claim is barred under the statute of limitation.
If you are planning to file an action for medical malpractice, the first thing that you should do is to examine your state’s law on statute of limitation. Through this you will know the period when you can enforce your right.

Failure to file your action within the required period will prohibit you from filling any other action arising from the same subject matter in court. That is why it is important to know the law on statute of limitation.
  • Failure to present copies of medical record.
Once you already know when to file your claim, the next step is to get a copy of your medical records.

One of the reasons why the victim does not get the benefits that he or she deserved is that, he or she fails to present concrete evidence such as a medical record to prove the nature and degree of injury he or she suffered.

Your medical records will be one of the court’s bases in assessing how much you are entitled to recover.
  • Failure to consult a personal injury attorney.
Although you can enforce your claim against the party at – fault alone it is for your own good and benefit if you hire an expert lawyer in the field of medical malpractice.

An attorney will help you in establishing your case against the party at – fault.
He will determine what law will be applicable to your case and what other evidence you need to present to substantiate your claim.

He will also help you in determining when the right time for you to file your action and where to file your claim.