How do I know if I have a claim for malpractice
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How do I know if I have a claim for malpractice
I had foot surgery 2 months ago and now feel that I have nerve damage. What is needed to prove medical malpractice?
Asked on August 23, 2012 under Malpractice Law, Missouri
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
Medical malpractice is negligence. Negligence is the failure to exercise due care (that degree of care that a reasonable medical practitioner in the community would have exercised under the same or similar circumstances to prevent foreseeable harm).
It would be advisable to be examined by another doctor, who could also review your medical records. If that second doctor writes a medical report which supports a claim of malpractice, that report will provide you with evidence to pursue your malpractice claim.
Prior to filing a lawsuit for negligence against the first doctor, it may be possible to settle the case with that doctor's malpractice insurance carrier. Your claim filed with the malpractice insurance carrier should include your medical bills, medical reports (especially the medical report from the second doctor) and documentation of wage loss. Compensation for the medical bills is straight reimbursement. Compensation for wage loss is straight reimbursement. The medical reports will document the nature and extent of your injury and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills. If the case is settled with the malpractice insurance carrier, NO lawsuit is filed. If you are dissatisfied with settlement offers from the malpractice insurance carrier, reject the settlement offers and file your lawsuit for negligence against the first doctor. If the case is NOT settled with the malpractice insurance carrier, you will need to file your lawsuit for negligence against the first doctor prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.
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