Tuesday, May 8, 2007

If I think medical malpractice might have happened, but I don't really know, what should I do?

First, be aware of the statute of limitations. You may have a valid claim, but if you wait too long, the claim is lost even if it is valid. The general rule is that the claim must be filed within two years after the malpractice, or two years after you reasonably should have known there was malpractice. However, there are a number of tricky exceptions, so do not give up just because two years may have passed already. As a general rule, delay helps the other side more than it helps you.

Second, you can generally forget about evaluating the claim yourself, or trying to "work it out" with the doctor or clinic or hospital. Usually, the "real" decision-maker is the doctor's insurance carrier (if your doctor is even insured, some are not), and the doctor's attorney. These people are not paid to help you, or to be candid with you. They are paid to defeat your claim. You need an experienced professional to help you evaluate your claim. Without an attorney, the doctor's attorney and insurance company usually will not take you seriously.

Contact us, or any other law firm experienced in medical malpractice cases. There is no charge for an initial evaluation of your case. These cases are very different from other kinds of personal injury cases such as car accidents. Special rules and laws apply, and special tactics and strategies are important. If your case has any merit at all, an experienced attorney should be willing to sit down with you and explain all your options, without charge. Then you can make a full and informed decision about whether or not you want to go forward.
source : consumerlaw.com

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