When a hospital has made an error that rises to the extent of negligence, the patient has the right to obtain financial compensation for the resulting grievances. Although medical malpractice statutes were set to protect the rights of those who have received substandard medical aid, the initial step in asserting rights has to be taken by patients themselves. This article will provide an overview of how a patient should assert his or her rights; however, for more in-depth information, it is essential to seek the expertise of an attorney who has experience in handling medical malpractice cases involving hospital negligence.
Consider State Mandated Time Restrictions
When filing for a claim, one of the greatest mistakes to make is waiting too long before filing a claim. Every state will have time limitations, which will require a patient to file a claim as soon as possible. The State of California imposes one year, and in certain cases, up to three years to file a claim against a medical care provider for negligence.
Determine if the Hospital Was Negligent or an Independent Contractor
Many patients fail to recognize that simply because a careless incident occurred in a hospital setting, this does not automatically mean that the hospital itself can be held accountable for the injuries resulting from the incident. In certain cases, a doctor that was hired as an independent contractor could be held liable for injuries resulting from a negligent incident. In many cases, the doctor alone can be sued for negligence, while in other cases, the hospital can be held accountable for knowing the doctor was incompetent at the time of the injury-causing incident.
Secure Medical Records
A hospital has to keep a patient’s medical records for a few years after his or her treatment. The hospital must then provide copies of these records to a requesting patient, although there may be fees charged for these documents. These records could be very important in a claim as they document and detail procedures and medical history surrounding them. Obtaining a copy of records is often a good idea and can dramatically help your claim.
Determine Damages
In certain cases, a hospital may offer to settle a case against them. If this happens, the patient will need to consider every potential loss and harm resulting from the negligence, which can also include, but is not limited to the following:
- Past medical expenses
- Future medical costs
- Loss of income
- Loss of potential income
- Pain and suffering
- Loss of a quality of life
It is evident that some of these damages do not have a fixed amount, and figuring out the amount can be a complex matter.
Seek the Legal Guidance of an Expert Attorney
Medical malpractice cases in the State of California can be very complex and can often require an understanding of medical terminology and applicable laws. If you or someone you know was injured as a result of medical malpractice, consult with a skilled attorney who is qualified in the subject.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation are highly skilled in the field of medical malpractice cases. The firm has many years of experience in representing the rights of injured patients who have suffered as a result of the carelessness of a hospital facility. Medical malpractice cases in California are extremely time sensitive; consult a professional attorney today.
