How do I sue for Medical Malpractice?
If you suspect you have suffered from medical malpractice in Pleasanton, it is important to know that you have rights, the most important of which are the right to recoup the expenses and damages suffered and the right to retain an attorney to help you do so.
Even still, many victims of Pleasanton medical malpractice are left wondering how to do this, and at Carabin & Shaw, one of the common questions we get is, “how do I sue for medical malpractice?” To help our clients and others with this topic, we’ve put together some information to help guide them through the process. As always, if you still have any questions regarding how to sue for medical malpractice, call a helpful attorney from Carabin & Shaw for more information.Hire an Experienced Malpractice Attorney
First and most importantly, how to sue for medical malpractice successfully begins with an experienced and trustworthy attorney on your side. Medical professionals and the hospitals that employ them are always ready with their own teams of attorneys defending them, and they spare no expense hiring the best. Because medical malpractice is such a common occurrence, every healthcare provider expects to defend against it on a yearly basis motivating them to allocate substantial funds to their defense teams.
In order to fight the best, you need the best, so be diligent when researching your potential legal defense. At Carabin & Shaw, we tend to think our services have the winning record and expertise to stand miles above the rest; however, we encourage you to be well informed and equipped to make the best decision you can. Feel free to call and ask questions of our Pleasanton medical negligence attorneys; we’ll even offer you a free consultation to help you make the best decision possible.Establish Your Malpractice Case in Pleasanton
The next most important thing to do is establish the fundamentals of your case; without these, you won’t have a case at all. Of course, your malpractice lawyer should be helping you out every step of the way – any lawyer from Carabin & Shaw surely will – but you will likely need to fill in some necessary blanks.
For you to sue a doctor or hospital in Pleasanton for medical malpractice, a few basic things must be present:
- A doctor―patient relationship existed between the plaintiff (you) and the defendant.
- The patient suffered injuries or damages that were avoidable.
- There was negligence or inappropriate care on behalf of the doctor.
- The negligence or inappropriate care were the direct cause of the damages.
A doctor―patient relationship isn’t exclusive to doctors. This requirement can include anyone who was responsible for your malpractice, including nurses, attendants, third-party medical service providers, and even the hospital facilities themselves. What is important, however, is that the professional was providing direct healthcare services in connection with your treatment, and that they acted in some irresponsible way that hurt you.Gather Evidence for Your Claim
The damages or injuries done to you next have to be clearly defined. If you don’t know exactly what went wrong with your health, a medical malpractice claim will be difficult to support. If you can’t put your finger on it, but you are sure some negligent or inappropriate treatment caused you injury, your Carabin & Shaw attorney can bring in a medical expert witness in Pleasanton to help determine this.
Once you know what went wrong and whom is to blame, your attorney will need all the evidence available to support the case. This evidence-gathering process starts the moment the malpractice begins, so it is crucial to stay vigilant through the entire process. While attorneys have access to many avenues of gathering evidence themselves, such as subpoenaing access to your medical records, there are many ways you can help gather evidence yourself:
- Record conversations of what happened with attending medical professionals during your treatment.
- Save labels or bottles from any prescription medication you were given.
- Preserve any documentation given to you during your treatment. If you were not provided written or verbal information about your treatment’s possible risks and outcomes, “informed consent” may not have been supplied.
- Keep track of all expenses incurred as a result of the malpractice – medical and otherwise. These are damages you can recoup, even lost wages from missing work.
Once all these pieces are in place, your successful malpractice suit can begin. It is important to note that the statute of limitations for medical malpractice claims in most cases is two years, so it is important to start your claim as soon as possible.
The attorneys at Carabin & Shaw have over 22 years of experience defending victims of medical malpractice and securing their right to compensation and justice. Our team of legal professionals will stop at nothing to get full repayment for the physical pain, emotional suffering, and financial setbacks that medical negligence has caused you or your family. Our representatives are standing by day and night to take your call, and we even have bilingual options for Spanish-speaking clients.
To speak with a medical malpractice attorney serving Pleasanton today, call the law offices of Carabin & Shaw toll-free at 1.800.682.1260.