How to File Hospital Negligence Cases with a Frisco TX Law Firm
Medical facilities can make mistakes that affect the health and livelihood of their patients. When these errors rise to the level of negligence, the patient has a legal right to compensation for any injuries or conditions that result from the facility’s oversight. Medical malpractice laws are designed to protect the patient in situations of negligence or improper care, but some steps must be taken to assert the victim’s legal rights. The following list describes the initial steps you should take to file a medical malpractice suit, but we always recommend working closely with a personal injury lawyer to navigate the complexities of the legal system.
- Be Aware of the Statute of Limitations. Unfortunately, it is possible to wait too long before filing a malpractice claim. Each state has a certain time limit, known as the “statute of limitations,” that determines how soon the victim must file a case. In some states, this limit can be as short as one year from the date when the mistake happened, but it’s best to consult a legal expert to find out the limit in your state.
- Meet with an Attorney. If you haven’t done so already, you should meet with a personal injury attorney as soon as possible. Legal, medical and procedural requirements often complicate hospital negligence cases. Your lawyer should have a firm understanding of the law as it applies to your situation and the legal process as a whole.
- Determine Fault and Responsibility. Just because the negligence occurred at a hospital, doesn’t always mean the facility itself can be held responsible. It is essential to identify whether the negligent individual was a contractor or an employee of the hospital. If the doctor is an independent contractor, you must take legal action against him or her rather than the hospital itself. Be sure you have identified all of the responsible parties that you wish to sue; you may not be able to go back later and make such a significant change to your case.
- Gather Medical Records. Hospitals and other medical facilities are required to maintain every patient’s medical records for at least a few years after treatment. The facility is also obligated to give copies of these records to their patients upon request, but be aware that they may charge a fee for copying expenses.
- Identify the Damages. At some point during the legal process, the hospital or individual may offer to settle your case, so it is essential to determine the case’s value ahead of time. Patients should consider all potential losses including medical expenses, pain and suffering, wage losses and more. Your attorney can offer expert advice to ensure that you receive fair compensation for the medical malpractice.
- Always Follow Procedures. More often than not, states require the plaintiff to jump through some hoops throughout their case. Work with your attorney to identify specific requirements and be sure you complete all of the necessary steps to file an official complaint with the superior court in your county.
As with all legal claims, each medical negligence case varies based on the situation and individuals involved. The above steps serve as general guidelines, but it is prudent to consult with an attorney before attempting to take legal action against a facility or individual. The team at Reynolds & Reynolds Law Firm in Frisco, Texas would love to meet and discuss your case. Visit us online at https://rrlfirm.com/ or give us a call today 214-891-6606.
Reynolds & Reynolds Law Firm | Hospital Negligence Cases Frisco TX | 214-891-6606
