There are many common reasons why legitimate medical malpractice claims go unexplored. Every year, there are valid claims that people do not file, either by choice or for another reason.
For help understanding if you have a valid medical malpractice claim, call the attorneys at Newsome | Melton at 1-855-MED-ASKS.
Why Are Some Legitimate Claims Never Explored?
There are a variety of reasons why patients do not follow up on their suspicions of medical malpractice. Here are some of the most common we have seen in our practice.
Patients Do Not Realize an Error Happened.
If you suffer from chronic medical issues or are elderly, you might expect your medical condition to get worse over time. You might not even consider the possibility that you could be the victim of medical negligence.
A Victim Does Not Want to Sue Their Doctor.
When an ethical doctor harms someone, it can be difficult to take legal action against them. However, the best way to make the situation right is through a medical malpractice action.
The Thought of a Lawsuit Is Intimidating.
An attorney can help you navigate your local state laws regarding medical malpractice. We will deal directly with the medical malpractice insurance carrier on your behalf. If we must file a lawsuit in your case, we will handle the legal process so you can focus on your recovery.
Patients Fear Their Medical Care Will Suffer.
Filing a medical malpractice lawsuit should not affect the quality of care you will receive, even from doctors at the same hospital or clinic where the malpractice occurred. Doctors must legally uphold a standard of care when they treat you, no matter what.
The Statute of Limitations Passed.
If you do not file a lawsuit within the statute of limitations, there may not be much you can do. There are, however, situations in which there is a longer deadline based on the circumstances of the case. Common examples of deadline extending circumstances include injuries to children, fraud or deception by the healthcare provider, or an inability to discover the medical negligence before the statute of limitations expired. Any such extension will depend on the specific laws of your jurisdiction and the specific facts of your case. As such, the application of the statute of limitations is a complex legal issue—one that requires significant analysis by an experienced attorney.
Contact us right away if you suspect that you or a loved one might be the victim of medical malpractice, so we can take action to protect your claim.
How Can I Determine If I Have a Legitimate Medical Malpractice Claim?
If you suffered a severe complication from a medical procedure, an incorrect diagnosis, or a failure to diagnose and treat your medical condition, you might have a valid claim. We will apply our experience and knowledge of the law to your case and determine whether you have a viable claim.
What Should I Do If I Think I Might Be the Victim of Medical Malpractice?
If you are suffering medical issues of an urgent nature, get medical attention immediately. As soon as your condition is stable, give us a call so we can evaluate your claim and preserve the evidence that will prove your case.
Do not talk with the health care provider’s investigator or claims adjuster. We will deal directly with them for you. Never give a recorded or written statement unless we are present with you and agree that giving the statement is in your best interests. We will make sure the person taking your statement sticks to relevant details. This is one way to prevent an insurer from devaluing your claim.
It is essential to seek medical treatment and follow any advice from your new doctor. If you do not follow through with your treatment, the defendant may argue you are partially at fault for your impairment.
Do not sign any papers or agree to a settlement without talking with us. Our clients are often unaware of how much their claims are worth, especially when it comes to long-term costs. Absent unusual circumstances, once you settle a claim, you can never go back to try to get more compensation—even if your condition is worse than you initially thought.
Legal Information - News Articles
House of Representatives Votes to Drastically Limit Medical Malpractice Cases At the end of June, the House of Representatives passed a bill to limit the amount of non-economic damages that can be paid out in medical malpractice cases to just $250,000. Non-economic damages compensate for the human aspects of an injury or death—including the lossRead More
The Law of Medical Malpractice in Iowa: A Survey of Basic Considerations Iowa medical malpractice law is among the most complex legal practice areas. The statutes, case law, and regulations governing medical malpractice law in Iowa are highly technical. For instance, there are very strict and complicated filing deadlines that must be followed, or the injuredRead More