4 Tips for Winning Your Medical Malpractice Injury Claim

Experts estimate that anywhere from 240,000 to 280,000 people die each year due to medical errors. Medical malpractices are also one of the most expensive sources of liability for healthcare providers and hospitals, ranging between $29 billion and $44 billion per year. 

If you have been harmed by a medical professional’s negligence or malpractice, you may be entitled to damages through a medical malpractice injury claim. Here are five tips on how you can win your claims: 

• Act Fast

You have to file your claim on time to preserve your rights. For instance, every state has a statute of limitations ranging from one to three years after an injury or death to file a medical malpractice suit. This period can vary depending on the jurisdiction, and whether the case is filed as a personal injury or a wrongful death.

• Contact a Lawyer Immediately

An attorney with experience in medical malpractice like The Tinker Law Firm PLLC can help you to build a strong case and maximize your potential claim. An attorney will also be able to advise you on whether the statute of limitations applies so that you do not inadvertently waive such rights by waiting too long before filing a suit.

• Keep Track of Your Medical History

You will need to document your medical history as completely and accurately as possible. You should save copies of all records, bills, receipts related to any treatments or medications prescribed for any injury caused by the defendant’s negligence. In addition, you need to provide evidence that:

• The defendant was negligent
• That negligence caused your injury or death of a loved one
• You were harmed

You will need to contact experts such as doctors or nurses as witnesses who can testify about the standard procedures in the medical field. Obtain the services of a biomechanical engineer that can explain how your injury occurred based on the defendant’s actions.

Retain copies for yourself and provide originals to your lawyer. In addition to gathering documentation, it is helpful for you to provide letters or notes written following treatment. They can help demonstrate how injuries were caused by negligent care.

• Document How Your Life Has Changed

If your injury resulted in the need for you to hire additional care or caused a change in your daily activities, you have to document these changes. In many jurisdictions, this is called an Economic Loss Evaluation and can include any damages arising from:

• Income loss
• Medical bills 
• Out-of-pocket expenses related to your injury 
• The cost of hiring any additional care

It can help demonstrate an increased need for future medical treatment or to compensate for pain and suffering.

Finally, it is essential to be aware that a jury may award punitive damages if the defendant engaged in malicious or grossly negligent conduct and did so with intentional disregard for you as an individual. In such cases, punitive damage awards can be substantial and intended to punish the offending party rather than compensate victims that have been wronged.

You need to contact an attorney if you suspect your injury was due to negligence. The law typically requires a higher standard of proof from plaintiffs in hospital lawsuit settlements in Seattle. It is more difficult for victims to recover damages without proper representation by a lawyer experienced with these types of claims.