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Can I File a Medical Malpractice Claim with a Preexisting Condition?

Published on Jan 28, 2025 at 4:26 pm in Medical Malpractice.

Filing a medical malpractice claim is going to be complex. In addition to the challenges of proving your case, you are also dealing with the emotional trauma of suing a medical professional that you’ve put your trust in. While the malpractice incident might have caused you harm and discomfort, it also exacerbated a separate preexisting condition.

Can you file a medical malpractice claim with a preexisting condition?

Technically, the original ailment you visited your doctor for could be considered a preexisting condition. That means the complications that were created by your medical professional’s negligence are the new condition, and you are entitled to sue as part of a medical malpractice claim.

Having a preexisting condition can be challenged by the defendant’s insurance carrier. It will help if you understand the challenges as you and your attorney prepare your case.

What Is a Preexisting Condition?

A preexisting condition is any type of medical condition present before the procedure that is the subject of your complaint. Those conditions could be one of the following:

  • Asthma
  • Diabetes
  • Cancer
  • High blood pressure
  • Heart disease
  • Arthritis
  • Anxiety and depression
  • Sleep apnea
  • Obesity
  • Chronic kidney disease

Your doctor must understand your complete medical history before they can present a possible treatment for your new ailment. A lack of understanding of your history can be a factor in a malpractice claim.

Requirements for Filing a Medical Malpractice Claim in Mississippi

The first thing you must do to file a medical malpractice claim is to gather your relevant documentation.

This will be all the medical records associated with your condition. You will most likely need to see an independent medical professional to determine the scope of your injury and provide the necessary treatment. There will be other evidence that your medical malpractice attorney can help you gather that you might not be aware of.

Pre-Litigation

Before you can proceed with your malpractice complaint, you need to obtain a consultation certificate.

This is provided by a medical practitioner who has reviewed your complaint and analyzed your records to determine that your claim has merit.

This does not have to be the final, definitive proof you might present in court. Instead, it is an independent review of the incident that establishes negligence was present in your treatment.

Filing in the Appropriate Court

If the insurance company denies the claim or offers a lowball number, your attorney might advise you to file a civil complaint. That needs to be filed in the appropriate court and within the appropriate statute of limitations.

The statute of limitations in Mississippi for this type of claim is two years.

Discovery

During the discovery process, your attorney will request documents and conduct depositions of all the parties involved in your case. The depositions will be sworn statements and conducted in the presence of a court reporter. Those depositions can eventually be used in the trial.

Ongoing Negotiations

Throughout the claims process, your attorney will be actively involved in negotiations with the insurance company representing the defendant.

One of the factors that will be part of the negotiations is the cap for non-economic damage. In Mississippi, that cap is $500,000. That is meant to cover all the pain and suffering and mental anguish associated with the incident.

The preexisting condition issue should not be part of the settlement negotiations. A skilled attorney can present the defense that the preexisting condition is not connected to the malpractice incident.

The attorneys at Pittman, Roberts & Welsh, PLLC have experience successfully litigating and negotiating medical malpractice claims. We also have a team of experts who can provide evidentiary support for a claim.

Discussing what happened with our attorneys is essential so we can provide you with the best guidance for what to do next.

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