A medical malpractice claim is a highly effective way to address the negligence of health care providers, and to hold them legally accountable for any resulting harm or injury.
Bringing a successful case to settlement or a favorable decision in court is a complicated process. Understanding it and recruiting an experienced malpractice attorney will provide you with the greatest chance for success.
Before Filing a Medical Malpractice Claim
If you have been harmed because a doctor or medical professional made an error or was negligent in your treatment, you may have a basis for a claim. However, this doesn’t mean you should rush straight into filing a lawsuit. Claims must be submitted to a pre-litigation screening panel hearing conducted by the Idaho State Board of Medicine, before a suit can be filed. A qualified attorney can help you with this process.
Legal professionals often advise contacting the health care provider first — in many cases, doctors are willing provide solutions and perform services to remedy the problem, sometimes at no charge.
It may also be helpful to contact the medical licensing board.
The board cannot order the health care professional to address or treat your injuries, and it cannot compel an offer of compensation, but the board can issue warnings to or discipline the medical provider and advise you on how to proceed.
This approach is much more likely to produce fruitful results when you have your lawyer reach out on your behalf.
Legal Requirements for Medical Malpractice Claims
Don’t wait too long to carry on with your case, however. Like many other states, Idaho has a statute of limitations for filing medical malpractice claims.
Lawsuits must be filed within two years of either the date your injury occurred, with some very narrowly drawn exceptions.
Medical malpractice claims in Idaho also have another legal requirement. It is necessary to present a claim to a pre-litigation screening panel convened by the state board of medicine before filing the lawsuit.
This involves having another health care professional or expert review the facts of your case, to determine if your injuries were indeed the result of negligence on the part of a medical provider.
A local malpractice attorney will have access to a variety of experts who can assist with the certificate of merit, and if necessary, serve as witnesses in court.
Hire an Experienced Malpractice Attorney
Though many cases are settled out of court, you can’t be sure your rights are protected without an experienced attorney on your side.
Insurance companies often reject medical malpractice claims submitted by unrepresented individuals, or offer lowball settlements. Your lawyer can evaluate your case for strengths and weaknesses, and advise you on your best course of action.
Whether the outcome of your case is a fair compensation offer from the insurance company or a favorable decision in court, a lawyer experienced in medical negligence will be able to get the largest possible settlement for your injuries.
If you have been harmed or injured due to the negligence of a health care professional, contact the Montgomery Law Offices in Boise, Idaho. Our experienced legal team will ensure that you receive the best resolution possible in the case of medical malpractice.