Do I Have a Valid Medical or Dental Malpractice Claim?
Determining whether you have a valid malpractice claim involves a number of factors and requires careful evaluation of the circumstances surrounding your case. Here are a few key factors to consider if you’re wondering if you should consider a medical or dental malpractice claim.
Negligence or Substandard Care
All healthcare professionals are expected to provide care that is considered reasonable and prudent by the community of practitioners active in the same field of medicine or dentistry. If malpractice is suspected the first thing to assess is whether the medical or dental professional provided care that falls below that or acted negligently.
If the treatment provided deviates from that considered acceptable within the medical community in question, and causes harm or injury to the patient, a malpractice claim may be appropriate. If we can certify with a health care professional (practicing in the same field of medicine) that the care you received fell below the standard of care, you might have a valid claim.
Injuries or Damages
Even if malpractice has occurred, it may not be sensible to pursue a malpractice claim if the malpractice did not result in injuries or damages to the patient. Relevant injuries and damages can range from physical injury or disfigurement, pain, and suffering to emotional distress, loss of income, or additional medical expenses. Along with evidence of malpractice, significant and quantifiable damages are an important element underpinning most successful malpractice cases.
Proving causation is essential in a malpractice claim. You must establish a direct link between the healthcare provider’s actions or omissions and the injuries or damages you suffered. Establishing this linkage relies most significantly on assessment by medical expert(s), who will of course require access to medical records and other evidence to form their expert opinion(s). It is not enough to believe the cause to be the doctor’s negligence; it must be proven.
Statute of Limitations
If malpractice is suspected it’s crucial to be aware of the statute of limitations for medical and dental malpractice claims in your jurisdiction. The statute of limitations is the law that limits the period within which you must file your claim. The factors on which the limitation is based can differ between jurisdictions. Failing to meet this deadline could result in the forfeiture of your right to seek compensation. This is why it is important to seek the help of a malpractice lawyer to understand any such restrictions. Learn more about Statutes of Limitations.
Considering the complexity of factors involved in medical and dental malpractice claims, it’s smart to schedule a consult. Choose an experienced law firm specializing in medical malpractice, like the team at Wallace Wason, PLLC.
We can assess the merits of your case and guide you through the legal process. We also help you understand your rights and options. We provide a free case evaluation for this purpose. Check out our tips on how to make the most of your FREE case evaluation.
In conclusion, if you suffered harm or injury due to substandard medical care, have a professional evaluation of your potential claim.
Contact Us for a Free Case Evaluation
Wallace Wason, PLLC can ease the process for you. Contact us with specifics of your situation so that we can advise you on the best course of action. 703-638-7717.
Remember, seeking justice and compensation for malpractice may provide closure for you. It may also help prevent similar incidents from happening to others in the future.
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