How to evaluate a medical malpractice claim
1. Gather the relevant medical and legal documents: Medical malpractice claims require detailed evidence. To evaluate a medical malpractice claim, you will need to gather all the relevant medical records, including the patient’s medical history, any test results, and any reports from treating physicians. You will also need to review any legal documents related to the case, such as any contracts or court filings.
2. Assess the applicable laws: Medical malpractice claims are based on a complex set of laws, so it is important to assess the applicable laws in the state where the claim will be filed. The laws vary from state to state, so you will need to be familiar with the specific laws in the jurisdiction where you will be filing the claim.
3. Evaluate the evidence: Once you have gathered all the relevant documents, you will need to evaluate the evidence to determine if there is a viable claim. You will need to review the medical records to see if the patient’s treatment was below the accepted standard of care in the medical community. You will also need to assess any evidence of negligence or breach of duty on the part of the treating physician.
4. Calculate damages: If you determine that a viable medical malpractice claim exists, you will need to calculate the damages. This involves assessing the physical, emotional, and economic harm caused by the medical negligence. This will include any medical bills, lost wages, and pain and suffering experienced by the patient.
5. Consult with a board-certified medical malpractice attorney: Once you have evaluated the claim and determined that there is a viable claim for medical malpractice, it is important to consult with a qualified attorney who has extensive experience in handling these cases. An experienced medical malpractice attorney can help you understand your legal rights and options, as well as assist you in navigating the legal process.
