Factors to weigh before filing a medical malpractice claim

| Jun 6, 2016 | Doctor Errors

When a person in New Mexico is the victim of a medical mistake and it leads to a worsening of the issue, long-term impact and even death, the initial response is to consider a legal filing for compensation. Beforehand, however, there are certain issues to take into account.

Rather than just jump into a lawsuit, it is imperative that a potential plaintiff bear certain factors in mind. The amount it will cost is an issue that is frequently disregarded. Filing a case might be expensive, and there is no promise that the claim will be successful. Even winning the case could be a disappointment as the amount awarded may be less than anticipated. The evidence must be strong enough to warrant a positive result. Without this evidence, the foundation might be too weak to make the case worthwhile.

Sometimes there is confusion on who should be sued. It is not unusual for a plaintiff to name the wrong entity as the defendant when it was someone else who was at fault. Suing a hospital when the case was actually individual doctor negligence is an example. The emotions surrounding a perceived medical mistake are not to be ignored. The victim or the victim’s family could be reluctant to relive the incident. It’s also possible that treatment might still be ongoing at the same facility, and a lawsuit could affect the plaintiff’s care.

There are generally time constraints to file a case. Even if it is a case with sufficient evidence and a good chance of winning, the violation of these time requirements could make a case impossible. Finally, having legal advice is key. For that, a potential claimant should speak to a legal professional experienced in medical malpractice cases.

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