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How can I determine if I am a victim of medical malpractice?

By Ben Glass

Discerning whether or not a person has a case for medical malpractice can be complex and costly. There are some obvious medical errors such as an instrument being left inside a patient. However, the majority are much less obvious. So how can you determine if you were the victim of medical malpractice?

The first thing you should do is contact an attorney experienced with medical malpractice cases. Like all lawsuits, medical malpractice suits are subject to a statute of limitations, which sets an amount of time a person has to bring a suit after being injured.

Once you have contacted an attorney, the attorney will need to investigate the merits of your potential case and discern whether or not medical malpractice has taken place. This process will vary depending on your attorney, but there are several steps. The first step is for your attorney to obtain all relevant medical records. This process can be expensive and take time. The records are not free and can take time to get to your attorney.

Once the records have been received, they must be reviewed by a person with an understanding of medicine. Sometimes an attorney can tell from his or her own review whether or not there is malpractice. However, it is more likely that a nurse or doctor will review the record. These medical personnel will charge for their time and can also take time to find.

Another factor that will influence your attorney's decision is the cost of preparing the case and the amount you are likely to be awarded by a jury. Even if malpractice is clear, the cost of suit may not be justified by the potential recovery.

If you believe you are the victim of medical malpractice, you should contact an experienced attorney immediately in order to ensure the statute of limitations does not expire during preparation.

Originally posted at InjuryBoard by Ben Glass

Full post as published by Northern Virginia Personal Injury Lawyer on June 22, 2008 (boomark / email).