Steps for Filing a Hospital Negligence Claim in Mississippi

Published on Jan 8, 2021 at 9:49 am in Medical Malpractice.

Hospital beds

When you go to the hospital, it’s because you need effective care that will treat or heal whatever is ailing you. While most times the doctors and other hospital staff are diligent with your care and ensure that they do their best to treat you, sometimes staff members can be negligent and lead to more harm than good.

If you’ve experienced hospital negligence, then you could use the help of a medical malpractice lawyer who can help you file a claim against the negligent party. At Pittman Roberts & Welsh, PLLC, we will support you through your case and fight to get you the compensation you deserve for the suffering you have endured.

How to File a Claim

After you’ve experienced negligence in a hospital setting which led to you being injured, you are likely interested in filing a claim against the doctor or other medical professional who caused you harm. Since you’re still dealing with healing and getting back on your feet after the damage you suffered, it can feel like taking on a claim might be too much for you to handle.

But in the long run, you could be better off for deciding to file a case against the negligent party as soon as possible. Here are the basic steps you need to take when filing a hospital negligence claim in Mississippi:

  • Obtain all of your medical records. The first thing you should do is get all of your relevant medical records so that you have proof of your health before, during, and after your hospital stay. Your records will indicate when the negligence happened and who was responsible for the injuries that you incurred from their mistake.
  • Reach out to your insurance company. After a medical injury that wasn’t your fault, you’ll need to contact your insurance company. You will need to tell your own insurance company and the doctor’s insurance company that you have intentions of filing a lawsuit. They might offer you a settlement to try to avoid a legal claim, but it will likely be less than you deserve.
  • Hire a lawyer to help file your claim. The best way to ensure that your hospital negligence claim is properly filed and you have the best chance possible at winning, you should hire an attorney to represent you. A medical malpractice lawyer will be able to determine how best to handle your case and get you the compensation that you deserve for the damages that you’ve suffered. They’ll make sure you don’t settle for less than you deserve and get justice.

Now that you know the basics of how to file a med mal claim, let’s take a look at how Mississippi laws play into your case.

Mississippi Medical Malpractice Laws

The most important aspect that you will need to consider when you’re looking to file a claim against a hospital or medical professional for their negligence is the statute of limitations in your state. In Mississippi, you have two years from the date of the negligence, according to the statute of limitations. This means that if you wait longer than two years to file a claim against the negligent party, you can’t recover damages for your injuries.

However, there is a discovery rule in Mississippi, which could extend the amount of time you have to file a claim. This means that if you discover that you were harmed by a medical professional, but you don’t realize you’re hurt until much later than the date you were injured, you could still file a claim against the party who hurt you. A lawyer can help you determine whether or not your legal claim is within the statute of limitations and if you can still file to get the justice you deserve.

Pittman Roberts & Welsh Can Help You

Filing a medical malpractice claim can be intimidating, especially when you’re already dealing with so much—your injuries, healing, and trying to pay your bills. That’s where we come in. At Pittman Roberts & Welsh, PLLC, we can handle the legal side of things so that you can focus on what really matters—getting back to normal.

We’ll investigate when you were injured, who was responsible, and what you’re owed in compensation. You can feel peace of mind when you hire one of our medical malpractice lawyers to represent you in your case. Reach out to our office today so that we can get started on your claim right away.

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