6 Tips for Filing Claims Against Medical Malpractice

As a patient, you always want to ensure that your healthcare provider does their best to keep you safe and healthy.

Unfortunately, sometimes things can go wrong, and medical errors occur, resulting in harm or injury. If this happens to you, you must know your rights as a victim of medical malpractice.

Intro to Medical Malpractice: Do You Have a Valid Case? (Ep.28) by Injury Claim Coach

When Do You Consider A Case Medical Malpractice?

You consider your case to be medical malpractice if you can prove that your healthcare provider was negligent in some way.

This means that they failed to act as a reasonably prudent professional would have performed under the same or similar circumstances, and this failure resulted in harm or injury.

The crucial part of this definition is proving how an appropriate professional should have acted. All claims for medical malpractice are unique because there are no complex guidelines about what constitutes “reasonable” behavior.

Only expert attorneys of medical malpractice can find the one who is to blame for the caused injuries. Those who have long years of successful experience can handle the case to the very end, helping you to overcome it. Of course, any case is different and challenging at its level, however, with a proficient attorney, you can get the highest possible amount of compensation for your benefit.

If a jury finds that a reasonable person might not have made the decision that caused harm, then it’s likely to be considered negligence on behalf of the defendant.

Dealing with this can be a difficult task. Fortunately, you don’t have to do it alone – there are many ways that an attorney can help.

For instance, if you’ll be filing a claim that needs proper assistance from Atlanta’s best personal injury lawyer to ensure the claim is successful, they can take care of all the legwork for you.

You’ll have peace of mind knowing your case will be handled with the care and attention it deserves.

What Are The Types Of Medical Malpractice?

There are five different types of medical malpractice, and each type is defined as follows:

Birth Injuries

This type of error occurs during childbirth. It can happen if the mother is not adequately monitored, errors in diagnosing labor issues, or when a baby has injuries that should have been prevented by medical staff.

Birth trauma refers to any injury that happens to your child before they are born. This type of malpractice may occur due to the negligence of an obstetrician who might fail to diagnose fetal distress or congenital disabilities before delivery.


This type of error happens when your healthcare provider fails to diagnose an illness or injury that they should have recognized.

For instance, if you’re experiencing severe back pain but are misdiagnosed with a minor knee issue, it could be considered medical malpractice.

Treatment Failure

When you seek treatment for an injury or illness, it’s your right to expect that the healthcare provider will do their job and help you get better.

However, if this is not possible for whatever reason, they must explain why they cannot treat you properly to prevent further damage.

If they fail to do either of these things – if your condition worsens during treatment without any explanation from staff members – this would be considered medical malpractice. 

It may also be seen as such when a patient dies after receiving inadequate care or no care while hospitalized with injuries or illnesses that should have been able to respond successfully to proper treatment methods.

Surgical Error

This type of medical malpractice happens when a surgery is performed incorrectly, or the patient receives an infection after being in an operating room, for example.

If you’ve been injured during surgery and it was not necessary to operate at all – such as if your doctor removed the wrong organ from your body – then this would be considered a surgical error.

Errors with Prescriptions

This type of malpractice happens when your doctor fails to prescribe medication properly or performs incorrect dosages.

For example, if you develop an addiction because the dosage they prescribed was too high, medical malpractice would be considered.

What Do You Need To Know When Filing Claims For Medical Malpractice?

While it might seem like you need a lot of information to file claims for medical malpractice, the truth is that it’s something anyone can do – including choosing an attorney who will help you get on with your life.

At the same time, they handle all the paperwork and negotiations.

Here’s what you need to know when filing claims for medical malpractice:

  • Be sure to keep all records of your medical care. This includes medical records, bills, receipts for medicine or supplies purchased during your treatment.
  • Find a lawyer who specializes in this type of case. The best way to do this is by asking for referrals from friends and family members who have filed claims before.
  • Contact the hospital or doctor’s office and ask for information about filing a claim. That way, you’ll have the information on hand when it’s time to determine who is at fault.
  • You may have to file an affidavit stating that you were injured due to negligence on the part of the doctor.
  • If it is not possible to get any documentation from the doctor, contact someone else who was present during your treatment – such as another staff member at the hospital or clinic or family members who accompanied you into treatment.
  • File your complaint with the appropriate regulatory agency if necessary. To find information about this, contact the state medical board or visit their website.

You may be required to file a complaint with your state’s department of health before you can proceed with filing claims for medical malpractice against an individual doctor.

Final Words

Knowing your rights as a patient is essential to make sure that you are protected from medical malpractice.

If you have been a victim of medical malpractice, you should file claims following the proper procedure with the help of a professional attorney.