When seeking treatment or medical evaluation, it’s our hope that medical care service providers will do so under the highest standards of care. Whether during surgery, medication, or diagnosis, any mistake could prove catastrophic for the patient. In these scenarios, the victim may be eligible to seek legal redress for the harm suffered and losses incurred. Unfortunately, the claim process is not seamless. A lot goes into making a successful medical malpractice lawsuit that an average person may not comprehend.
If you suffered any serious harm at the hands of a surgeon, pharmacist, nurse, or doctor, you have a right to pursue compensation. Understanding the length of a Missouri City medical malpractice claim will ultimately get you prepared financially and emotionally. Remember, your recovery may be hinged on the money you get from your claim, and therefore, waiting too long could spell doom in your quest for a return to normalcy.
Filing a medical malpractice claim is a tedious process that often requires expertise. Linking your injuries or the harm you suffered to neglect is not a walk in the park. Even in straightforward cases, insurance companies and the parties at fault will still deny fault. This leaves you with no choice but to brace yourself for a prolonged process than it would otherwise be if they agreed to settle immediately. Some of the phases that will determine the length of a Missouri City medical malpractice claim are:
Walking into a personal injury claim without carrying out proper investigations around your injuries or accident is a recipe for failure. A medical malpractice claim is not something you wake up one day and accuse someone of. You need to back your claim with tangible and indisputable evidence. Investigating a medical malpractice claim can be lengthy especially when multiple parties are involved. Determining fault may involve days and weeks of in-depth investigations that are expensive and time-consuming.
Unlike in other personal injury cases, pursuing a medical malpractice claim calls for proper documentation. You will need proof showing that the other party owed you standard care. This could be demonstrated by providing medical documents, and police reports, among other pieces of evidence. A thorough review of the documents filed requires additional time, all of which impact the length of the claim.
Medical malpractice lawsuits are distinct in every nature from car accident claims. Most auto wreck cases allow for eyewitnesses to provide statements that help determine fault and put into perspective the circumstance of a crash. However, the case is different when it comes to medical neglect. Oftentimes, there are only two or three people inside a hospital room; the patient, doctor, and nurse. This makes it near-impossible to find an eyewitness who was present as they neglected their duty of care. Instead, an expert may be relied upon to delve into your case and establish exactly what transpired. Since many of them employ complex strategies to unravel the mystery around such cases, you can be sure that your claim will take longer to settle.
The first option when settling a personal injury claim is negotiating with insurance companies. While your insurance policy may be straightforward in establishing how and when you get settled, insurance adjusters will most likely make the claim process difficult so you can give up on your rights. They may engage in bad faith insurance tactics to delay or deny your claim. This further extends the duration your medical malpractice claim takes to settle.
When negotiations with insurance companies hit a dead end, your attorney may proceed to file a formal lawsuit. The Texas court process is long and it comprises legal hurdles that extend the length your Missouri City medical malpractice claim takes to resolve. There is legal paperwork to be filed, a jury to be appointed, evidence to be collected and preserved, court fees to pay, and statements to be made. All these can take anything from 6 months to 3 years to do.
The ultimate reason you should retain a dedicated attorney is to settle as soon as possible. Filing a claim on time will help ensure that your medical malpractice starts on a high note. Discussing your case with our attorneys is the first step toward finding justice on time. Call us today to schedule a free case evaluation to discuss the length of a Missouri City medical malpractice claim.