Steps to Determining Houston Medical Negligence
A Houston medical malpractice or negligence suit is sought by a person who has been mistreated, misdiagnosed or harmed by a medical professional such as: a nurse, doctor, technician or employee of a hospital. The basis for a suit is determined if the person would have suffered the same loss, care or misdiagnosis if treated by a similar medical professional at a different location under the same circumstances. All doctors take an oath swearing, “first do no harm” and all healthcare workers adhere to this same standard but unfortunately sometimes things do go terribly wrong. If you feel you’ve suffered medical negligence, the following steps should be taken.
Houston Medical Malpractice Statute of Limitations
As soon as you feel you have been treated negligentl,y you should find out how long the statute of limitations period is for your jurisdiction. This can easily be done by visiting this website: http://statelaws.findlaw.com/accident-and-injury-laws/civil-statute-of-limitations-laws.html .
Contact A Healthcare Provider
Always contact the healthcare provider BEFORE you file a claim or lawsuit. Your main goal here is to find out in detail what went wrong. Most doctors will be willing to fix a mistake free of charge as it is in your best interest as well as theirs. However, if they try and seek additional compensation, you should wait and gather more information about the situation.
Contact A Healthcare Licensing Board
Next, you should contact the appropriate licensing board charged with issuing your provider their privileges. This is done if the doctor is unwilling to remedy the problem. The licensing board cannot force the doctor/healthcare provider to perform any necessary services, but they can issue fines and penalties. They will also be able to give you more information about the next steps to take.
Obtain a Negligence Claim
Obtain a certificate of merit. This is a legal document that must be filed stating that the injuries you suffered were indeed due to negligence by a healthcare professional. Only another doctor can provide this documentation as they must have the same expertise as the professional who first treated you. It is like getting a second opinion, and most any doctor will gladly give their advice. Make sure they are licensed and can practice in the same field as the healthcare professional who first treated you. This is mandatory in most states.
Find A Houston Medical Malpractice Attorney
Find a Houston Medical Malpractice attorney qualified and experienced in cases like yours. They will give a free consultation, and a good attorney can make all the difference in the world. Depending on the extent of the injury, a qualified attorney could mean the difference between getting a settlement or walking away empty-handed.
After it is determined that there is grounds for a lawsuit, it is still advisable to settle out of court if possible. These cases can often take years, and while a malpractice attorney will take your case on contingency – meaning no upfront cost to you – the fees add up quickly and can become substantial as the suit drags on. These fees, along with the standard attorney compensation of 30%, will come out of the final settlement. Very often, a smaller amount obtained early can be more profitable for you.
If you believe that your doctor, or any other medical professional involved in your care, has caused you injury, seek the advice of a Houston Medical Malpractice lawyer immediately before you run out of time to make your claim. For a free Houston Medical Malpractice case consultation, call (713) 759-6430.
January 8, 2017 12:51 pm
Categories: Medical Malpractice