Interviewer: What are the criteria for a medical malpractice claim?
Daniel Hoarfrost: A medical malpractice claim is the failure of a doctor to use reasonable care in providing treatment. This failure resulted in injury of some sort and is attributed to either failure to diagnose or simply causing injury by bad surgical practice.
Medical cases are by far the most difficult and expensive to pursue.
Medical Malpractice Cases Are Difficult to Establish
Interviewer: Why is that?
Daniel Hoarfrost: Because doctors and the defense industry associated with them don’t like to make it easy for people to make claims. That is the primary reason. The other reason is that you’re not entitled to compensation just because you were injured or things didn’t work out as well you hoped.
You have to be able to establish that the doctor didn’t use reasonable medical practice. And in order to do that you have to have other doctors come to attest to that and that gets to be an expensive proposition.
What Do You Need to Bring When You Meet with an Attorney?
Interviewer: When you’re working with a client, what is some paperwork that you ask them to bring?
Daniel Hoarfrost: We need all the documentation that you can get your hands on. Any time you make an injury claim you’re almost always dealing with an insurance company of some sort. Any time you’re presenting the claim to an insurance adjuster they want to have everything documented.
In Addition to Medical Records, Bring Wage Verification from Your Employer if You Have Lost Time from Work
For example, medical chart records, a medical billing statement, if you’ve lost some wages they want verification from your employer as to your wage rate and how much time you were off. When you meet with an attorney you should be able to assemble all that information.
It’s not necessary that the client obtain it before they see the attorney but you need to be able to provide the information so the attorney can get a complete record of the doctors that you’ve seen.