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3 Challenges You May Face When Filing a Medical Malpractice Claim

According to the Journal of the American Medical Association, the two biggest causes of death in the US are heart disease and cancer. Do you know what the third leading cause of death is? Medical malpractice.

3 Challenges You May Face When Filing a Medical Malpractice Claim

This is an alarming statistic. The field of medicine is a sacred one and held in high regard. However, grave medical errors aren’t too uncommon and can have severe consequences for the patient as well as their families. When medical malpractice occurs, the recommended route to go about is filing a claim for it. However, you may find yourself facing these challenges along the way.

Proving That the Physician’s Negligence Caused the Injury

Medical malpractice occurs when the doctor or physician in charge acts in a way that deviates from standard procedures, causing injury, further health complications, or even death. This may happen if the physician doesn’t perform all the tests necessary while examining the patient and causing a delayed diagnosis or misdiagnosis, if they prescribe the wrong medication or dosage, or if they make an error during a surgical procedure that may result in an injury, deformity, or death.

The problem arises when it comes to proving that it was the doctor’s negligence that caused the injury or death. The physician’s attorneys argue that the patient’s underlying condition was what caused the outcome, not the physician’s negligence.  Even if it may be proven that the physician was negligent, it can be extremely difficult to prove that the patient’s injury or death was due to their actions. An absence of the autopsy report can make the case even more complicated.

Dealing with Insurance Companies

Another challenge you’ll face when it comes to filing a medical malpractice claim is dealing with the pressure exerted by insurance companies. These corporations represent the medical practitioner or hospital facility in question and aren’t likely to be cooperative. They’ll make it extremely difficult for you to get fair compensation and may even flat out refuse to make an offer if they notice even the slightest of discrepancy in the case.

3 Challenges You May Face When Filing a Medical Malpractice Claim

Insurers are especially likely to refuse to make an offer if they believe that the attorney representing the patient is inexperienced or incompetent. In this case, they’ll be uncooperative while discussing the settlement.

Finding a Qualified Medical Malpractice Attorney

And this brings us to the third big challenge faced by individuals filing a medical malpractice case: hiring an experienced medical malpractice attorney. As we just discussed above, having an experienced medical malpractice attorney is crucial for the process and can make the difference between getting a fair offer from the insurer to not getting one at all. This is why it’s absolutely necessary to hire a lawyer that has experience and training in this field, particularly.

Lisa Douglas is a licensed registered nurse and attorney who can help you file a medical malpractice claim in Texas and Arkansas.

Call The Law Offices of Lisa Douglas today for more details!




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