mardi 25 février 2014

Preparing Yourself To Appear In Court

By Norbert Higensen


If you feel you may have been a victim of medical malpractice, there are many things you need to know before your pursue a suit. The first thing you should probably understand is the real definition of medical malpractice, so you can accurately determine if what you have experienced was actually a case of malpractice, or merely a case of bad luck.

One great thing you can do to help yourself have an easier time with the loss of a loved one is to become familiar with the grieving process and to find help as you strive to cope. Having resources and a support system will help you to move past your grief more productively and live your life more fully, even after tragedy.

The first step in the grieving process is denial. During this stage individuals often feel like their experience cannot have been real. This stage is particularly troubling because individuals in this stage often seek for isolation and resist the love of their family and friends. During this part of the grieving process, it is important to overcome the desire for isolation and to seek comfort with those who love you. Do not, however, forget to give yourself time to grieve personally.

But beyond proving that negligence takes place, you also must prove that injury has been caused. If there was a breach in "standard of care," and no injury took place, there would be no malpractice case. So, the first things that must be proven in a malpractice case are that there was negligence on behalf of the medical provider, and that there was an injury.

The next thing that must be proven is that the injury was in fact caused by the negligence. IF the negligence and the injury are unrelated, then there cannot be a case for malpractice, but if it can be proved that the negligence on behalf of the doctor, or other medical staff, led to the injury of the patient, then there is a pretty good case for malpractice to be made.

Remember also, though, that there is a statute of limitations on this kind of case. Meaning, that a malpractice suit must be claimed within usually around two years of when the malpractice took place. This means that if you feel you are a victim of malpractice, you should act quickly to get a case in motion, so you will be able to have your day in court.

Gaining access to your medical records will also be important to proving your malpractice case. By proving the legitimacy of your claim through accurate records, you will be able to increase the likelihood of your case's success. There are many types of records that you should request so your case can cover all of the different elements of your treatment in the hospital or by your health care provider.

Finding support is the best way to deal with a difficult and painful situation, and when you experience grief, having friends and family to turn to will help you to live your life as fully as possible even after huge disappointment.




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