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When you should file a malpractice claim

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Making the decision to file a malpractice suit can be one of the most difficult and heart wrenching decisions you ever make. Despite the common perception, the overwhelming majority of people do not file malpractice claims to fleece their doctor and the medical system at large. It is a decision they agonize over since the majority of people have positive relationships with their doctors and medical practitioners. Before you pass up the opportunity to file a malpractice claim, there are a few questions you need to ask yourself.

First, do you feel that the negligence that resulted in your current medical state was preventable? Was it simply a “dumb mistake” or do you feel that it was something that couldn’t have been predicted or prevented, even by the most skilled doctor? If you feel that the incident could have been prevented with only the slightest change in circumstance then you might want to consider filing a lawsuit. Above all else, a doctor and a hospital can’t afford to be careless and a lawsuit may be the only thing stopping a similar fate from happening to someone else.

Since the malpractice event occurred, how have you been treated by your doctor or by the party that you believe to be the cause of the malpractice? Simply “making up for it” often isn’t enough as it does little to correct what originally happened, but if you feel that a good faith effort has been put forth and that you feel that you are being taken care of in a professional and respectful way, then there may not be a need for a lawsuit. On the other hand, if you feel slighted, insulted or otherwise ignored, than you may be dealing with a doctor or a hospital that is grossly incompetent and a lawsuit may be the only way to shine a much needed light on this despicable medical practice.

While most hospitals are crawling with lawyers just waiting for a doctor to make a mistake, it might be worth listening to what a real malpractice lawyer has to say if you are considering filing a lawsuit. It is important, however, to take everything they say with a grain of salt and make sure you question their motives. Yes, most doctors have malpractice insurance, but it is that insurance that causes so much in the way of medical costs to be so high. Suing when you shouldn’t is a huge reason why so many people can’t afford basic medical care.

Finally, it may sound a bit clichéd, but listen to your heart. If you honestly feel that you have been wronged and that no honest attempt to rectify the situation has been made, than it is your right and even your duty to file a malpractice suit. If you don’t feel that way, than you might be better off trusting your doctor and seeing what the future holds on your own.

Malpractice is one of the most serious legal accusations one can make. Be sure you understand what you are getting yourself into before you follow through with your case.

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