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What You Should Know About Filing a Medical Malpractice Claim

It is common knowledge that doctors and hospitals are required by law to carry medical malpractice insurance but what most people don’t understand is the importance of procedure when you file a claim against their insurance. If you believe that you have suffered from medical malpractice, it is vital that you understand how to submit a claim so that you have the best chance of suitable compensation. One wrong move on your part could end up in the courts in litigation for months, if not years. It has been known to happen. Here is some of what you should know.

Insurance Is a Profitable Business

The reality is, no insurance company wants to settle a claim if they see any way around it. They are, after all, in business to make money and every claim they pay lowers their bottom line. They most often will not look at it like you have a right to be financially compensated for your loss or suffering. What they see is a drop in profitability so that is why it may take an experienced attorney who specializes in medical malpractice settlements. Without expert representation, you might win your claim but at a much lower settlement than you rightfully deserve.

Equal Representation Is Vital

There is something else that most people may not be aware of when seeking to file a medical malpractice suit against their doctor, and possibly the hospital if the incident took place within its walls. Doctors, hospitals and their insurance companies are represented by high powered attorneys that you will stand little chance of being up against unless you find equal representation. Take the time to research the attorney you are considering in order to see what their history shows. Are they a winning attorney, a specialist in this field, who won more than they lost? If your doctor is represented by a winning attorney, you deserve nothing less!

Follow Your Attorney’s Advice

Once you have contracted an attorney, it is imperative that you follow their advice right down to the letter. They will school you on things you can and can’t safely do until the claim is settled and will most likely tell you not to speak with the insurance company claims adjuster or their attorney because they are also expert in getting you to say something which might be misconstrued. You’ve hired a lawyer, so let your attorney be the liaison between you and the insurance company or their team of attorneys. Let them be your chief means of communication.

It is all too easy to say or do the wrong thing while you are in the midst of a sizeable medical malpractice suit. Your key takeaway in all this is to listen carefully to what your attorney is telling you so that you don’t tie their hands as well. You have been the victim of medical malpractice, so you deserve just compensation. That’s the bottom line. Don’t do or say anything that could jeopardize the outcome of your claim.

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