How to File a Claim Against a Hospital for Malpractice
By Younker Hyde Macfarlane on May 02, 2019
Doctors and other medical personnel at a hospital are legally bound to provide a certain standard of care. Essentially, patients have a right to expect the same quality of care from any similarly trained medical professional who is presented with the same situation.
Unfortunately, hospitals may neglect to uphold that standard of care. Hospital errors regularly result in injuries, more severe illness, and other complications that result in physical, emotional, and financial damages for the patient.
When losses occur as a result of substandard medical care, patients have the right to file a malpractice claim against the hospital. The attorneys at the Salt Lake City, UT law firm of Younker Hyde Macfarlane are dedicated to making sure that those claims are filed correctly so that victims can seek the compensation they are due.
Contact a Medical Malpractice Attorney
The first step to filing a medical malpractice complaint is to contact a medical malpractice attorney and discuss the details of the case. These types of cases can get complex.
Our attorneys will listen to all the details of the case and examine any provided documentation (such as medical records) to determine if the individual has a solid medical malpractice case. Even if there seems to be clear evidence of medical malpractice, the filing process can be lengthy, so it is important that victims contact an attorney as soon as possible so they do not risk running out of time per statue of limitation laws.
Before a claim can be filed, liability has to be determined, so that the claim is filed against the correct party. Sometimes, even if it seems that the hospital is at fault, there may actually be an independent contractor who is responsible for injuries.
Our attorneys will thoroughly examine all evidence to build a case of liability. In some cases, there may actually be multiple parties to file a claim against.
When a claim is filed against a hospital, the hospital’s attorneys may attempt to reach a settlement without going to court. But it is difficult to know how fair a settlement offer may be unless we have already determined the extent of damages in the case. Our Salt Lake City attorneys always calculate damages before a claim is filed. We consider all sources of losses, including past and future medical expenses, lost wages (or loss of wage-earning potential), pain and suffering, and diminished quality of life.
Comply with Any Procedural Rules
Unfortunately, most states and hospitals have rules in place that prevent filing a malpractice lawsuit until certain procedural requirements have been met. Patients may have to file an affidavit of merit, submit their case to a medical review board, or go through alternate dispute resolution before filing a claim. Our attorneys can assist clients through each of these steps so that a claim can be filed in a timely manner.
File a Complaint
After every previous step has been met, a medical malpractice claim can be drafted and filed. The complaint will identify the patient and the party (or parties) who are being sued. The claim will also include a brief description of the incident that took place, the injuries that occurred, and how much compensation the plaintiff is seeking. This document will be filed at the local branch of the state court.
Schedule a Consultation
If you believe that you have been a victim of medical malpractice, it is important to discuss your case with a medical malpractice attorney as soon as possible. To schedule a personal consultation with one of our attorneys at the Salt Lake City law firm of Younker Hyde Macfarlane, call (801) 335-7025 at your earliest convenience.
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They were extremely knowledgeable, extremely helpful experts. The team helped me with all aspects of my case, including medical and financial, and understood that it affected more than me but also my family.- Jill S.