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Tips for filing a medical malpractice claim

| Jan 8, 2020 | Medical Malpractice

When a person seeks medical treatment, he or she usually assumes that they are safe and taken care of. However, humans will make mistakes, and medical mistakes happen more than most people realize. In Kentucky and across the United States, medical malpractice is the third leading cause of death. For those who have been affected by medical malpractice, here are a few things to consider before pursuing legal action.

A physician cannot be held liable if he or she had no responsibility to care for an individual, so duty of care must be first be proved. It is also important to remember that a case can’t exist without proof of negligence, so it must proved that a medical provider breached the standard of care. Those who are filing a claim must also be prepared to prove that any problems were the result of negligence and not a preexisting condition.

Taking all this into account, it’s easy to see that gathering all medical records and information is a critical part of the process. Records will often indicate what went wrong and detail any health issues. In most situations, an individual is covered by insurance. It is recommended to contact the insurance company before beginning litigation.

It goes without saying that suing for malpractice isn’t easy. The process can be lengthy and costly. For those in Kentucky who have been affected by medical malpractice and want to pursue legal action, the most important thing to do is to contact a legal representative. An experienced and knowledgeable attorney can answer tough questions, help individuals get started and provide guidance throughout the litigation process.

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