Wondering How To Determine If Your Injury Claim Is Valid?
A legitimate medical malpractice claim or lawsuit has several fundamental aspects:
- Evidence of injury or harm to a patient
- Evidence of negligence (malpractice)
- Verifiable deviations from widely accepted standards of care
- Clear legal arguments for holding a health care provider/wrongdoer responsible
Questions about the viability of a potential professional negligence claim are natural as you consider whether it’s time to talk with an attorney. Save yourself time and worry by consulting with a lawyer if you are in doubt.
Common Concerns Of Potential Plaintiffs
At Harper & Peterson, P.L.L.C., we are familiar with typical misconceptions and doubts such as these as they relate to potential injury claims.
Many people put off getting legal counsel because they doubt they have a legitimate claim. This can be an expensive mistake. In the case of unexplained neck pain after medical tests or treatments or complications after taking medication, some people’s cases are weaker because of delayed evaluation by legal professionals and/or medical experts.
Malpractice insurance companies use every defense available to avoid compensating patients for negative outcomes. If you wait too long to get a lawyer’s opinion and file a claim, an insurance claims adjuster, judge or jury may argue that your condition, such as chronic pain, was not necessarily a direct result of malpractice. A timely versus delayed diagnosis and legal evaluation can make or break your case
Sometimes the opposite happens. A medical patient may jump to the conclusion that a decline in health after an operation is proof of a misdiagnosis or a surgical error. In fact, nature may have simply taken its course, with no verifiable wrongdoing by a medical care provider.
A distressed patient may feel frustrated and helpless upon hearing, “There is no evidence this decline in your condition was caused by malpractice.” In case of doubt, knowledgeable medical experts can confirm a cause-and-effect relationship or the lack of one.
Better Safe Than Sorry
We tell inquirers that it is better to seek a qualified opinion than to be left wondering. Our years of experience have given our personal injury attorneys keen insight into common questions that potential clients bring to our attention. We welcome the opportunity to evaluate your case and recommend your best course of action. Request a free consultation by calling 651-738-8539 (or 800-779-1466 toll free) or completing our easy online form.