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Four Ways to Pursue a Hospital for Medical Malpractice: Insights from Attorney Adam J. Zayed
News provided byEIN Presswire
Sep 18, 2023, 3:55 PM ET
Adam J. Zayed, the founder of Zayed Law Offices, says that there are four key steps that can be taken against a hospital for medical malpractice.
Step One: Collecting Evidence of Hospital Negligence
"Your evidence can be the cornerstone of your case. Whether you have clear records of medical errors, such as surgical mishaps or objects left in your body, or you're dealing with less apparent incidents like medication errors, collecting evidence is paramount." said Zayed.
This evidence may include medical records, diagnostic scans, and any documentation that can substantiate the hospital's errors in treatment. Photographs of injuries, such as bedsores or injuries sustained during hospitalization, should also be taken and dated to establish when they occurred.
Zayed adds, "Clear documentation that includes dates, times, and identification of the individuals involved in acts of negligence can significantly strengthen your case and demonstrate how the hospital failed in its duty to provide appropriate care."
Step Two: Seek Legal Representation Early
"Medical malpractice claims often involve complex issues that require specialized legal expertise. Without legal guidance, it can be challenging to determine the compensation you deserve and how to pursue it effectively.
During initial discussions with a medical malpractice lawyer, patients can assess the viability of their claims. Zayed advises, "Three key elements to consider include establishing a caregiver/patient relationship, proving deviation from the expected standard of care, and demonstrating the presence of damages resulting from the negligence."
Step Three: Engage in the Medical Malpractice Review Process
In certain cases, patients may need to report their healthcare complaints to the appropriate authorities, such as the Illinois Department of Public Health. "The goal here is to initiate an investigation into your medical malpractice claim," says Zayed.
While an initial complaint requires basic evidence, the attorney highlights that working closely with a lawyer can help compile a compelling claim to establish what transpired. A review board's findings can provide evidence of medical malpractice, including information about risky practices within the hospital.
Step Four: File a Claim with the Hospital's Medical Malpractice Insurance
Once patients have gathered sufficient evidence and determined that they have grounds for a medical malpractice claim, the next step is filing a lawsuit against the hospital. Typically, this claim goes through the hospital's medical malpractice insurance.
Zayed explains, "Your claim should include evidence of malpractice, a breakdown of damages, and appropriate compensation requests. This process involves demonstrating how the hospital's negligence directly led to the patient's injuries and losses."
Patients may be entitled to compensation for various aspects, including medical bills incurred due to malpractice, lost income, and pain and suffering.
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