Young Conaway Stargatt & Taylor, LLP

Delaware’s Injury & Medical Malpractice Leaders

  1. Home
  2.  | 
  3. Medical Malpractice
  4.  | Avoid 3 mistakes when filing a medical malpractice claim

Avoid 3 mistakes when filing a medical malpractice claim

On Behalf of | Nov 30, 2022 | Medical Malpractice

You or your child may have suffered illness or injury in a Delaware hospital. A doctor, nurse, lab technician or other medical worker’s negligence may have been the causal factor. If you are considering filing a medical malpractice claim in a civil court, there are several mistakes you’ll want to avoid.

Such litigation is complex and can be highly stressful for plaintiffs, who must convince the court that the named defendants not only owed a duty but acted with negligence that directly caused their injuries. Many plaintiffs make mistakes when filing their claims, which can cause a delay in proceedings or negatively affect the outcome of a case.

Be aware of Delaware personal injury laws when filing a malpractice claim

When you think of medical malpractice, you might automatically think of things like surgical errors or medication mistakes that result in severe illness or injury to a patient. However, licensed professionals, such as psychiatrists, hospital administrators and others, may also be named defendants in a medical malpractice claim. It is crucial that the defendants you name in your case can be deemed liable for medical injuries.

Avoiding timing mistakes when filing a medical malpractice claim is also essential. In this state, you must submit your claim within two years of the incident that resulted in damages. If you wait too long, you will no longer be eligible for compensation.

Failing to obtain a medical assessment can hurt your case

If you file a medical malpractice claim, you will want documentation that includes a medical assessment of your injuries. For instance, if you claim that a doctor’s negligence caused your child to suffer a birth injury, you will want to include a medical assessment that substantiates the claim. Having a medical professional who has the authority to assess the case confirm that an injury exists and that specific behavior by a doctor may have caused the injury can help your cause.

Final recap of 3 mistakes to avoid when filing a claim

It is not easy to prove a medical malpractice claim. Your chances of obtaining a favorable outcome may increase if you avoid the three mistakes mentioned in this post: filing your claim too late, naming defendants who are not liable and failing to obtain a medical assessment before heading to court.

Many recovering medical malpractice victims go one step further by asking an experienced legal advocate to represent them in court. It’s beneficial when such an advocate is well-versed in personal injury litigation issues.

Categories

Archives