Did you know that more than one in three physicians have had a medical liability lawsuit filed against them at some point in their careers? It may be a common lawsuit, but there are plenty of things you should know before making your own malpractice claim.
Before you react impulsively, be sure to research what’s important for you to consider. This guide is part of that. It’ll go over the top five things you need to know before filing a medical malpractice claim.
Ready to learn more? Let’s get started.
1. What Is Medical Malpractice?
Medical malpractice can be tricky to define, especially when people assume it means getting subpar results from treatments or surgery. However, it is more complicated than that. Medical malpractice occurs as a direct result of negligence on the part of a medical professional.
This could be from an error in diagnosis, treatment, or even aftercare. If you feel like your healthcare provider didn’t meet the accepted standard of their profession and an injury occurred, there is potential for a medical malpractice lawsuit.
This doesn’t mean that the medical professional has done a job that didn’t meet your standard. Rather, it means that they did something unreasonable under the circumstances. If another doctor wouldn’t have done the same in similar circumstances and an injury occurs, it’s time to consider a legal response.
2. Are There Examples of Medical Malpractice?
When you think of medical malpractice, you most likely think of surgical errors. That is only the beginning. Malpractice can affect everyone—from newborn infants to people in nursing homes.
Let’s take a look at some additional examples of medical malpractice:
- Nursing home neglect or abuse
- Birth injuries to the mother or baby
- Failure to diagnose
- Misdiagnosis
- Pharmacy Negligence
- Preventable hospital infections
- Error in medical records
- Faulty medical equipment leading to injury
The most common type of case involves an error in medical records. This can lead to someone receiving the wrong medication. As a result, the patient can suffer an allergic reaction, or it can lead to wrongful death.
If you or a loved one have been injured by faulty medical equipment, you have a strong case for malpractice. The most common devices for these cases include contraceptive devices, ventilators, pacemakers, and insulin pumps.
Approximately 1 in 10 Americans over 60 have experienced elder abuse. If you have evidence that a loved one has been abused in a nursing home by medical staff, you’ll be able to create a case for malpractice.
3. What Evidence Do I Need to Prove Malpractice?
Speaking of evidence, it’s only logical that you’d want to know what you need to prove your case. Medical malpractice is complicated, and you should expect to gather a significant amount of evidence.
The law states that a medical malpractice case must meet these particular requirements:
- The medical professional failed to meet the standard of care
- The patient’s injuries justify a lawsuit
- The patient’s injury would not have occurred if there was no medical negligence.
When you go to the doctor, you expect that the healthcare provider will deliver a certain standard of care. If they fail to do so, you can determine that negligence has been established.
Due to this negligence, a patient suffers an injury that would not have existed otherwise. This results in significant medical bills, chronic pain, disability, and/or lost wages. It can also result in death, and loved ones have the right to sue if they can determine medical malpractice.
Understanding the specific type of evidence you need for a lawsuit is difficult on your own, but the right lawyer will be able to determine what is necessary to build a strong case.
4. Is There a Time Limit for a Medical Malpractice Claim?
You should know that generally speaking, there is a time limit for a medical malpractice claim. It varies depending on the state, but you tend to have only a few years from the date the injury or death occurred. The specifics depend on your individual circumstances and the type of injuries involved.
Although it may seem like plenty of time to build a strong case, you’ll need to produce enough evidence. Proving beyond a reasonable doubt that the healthcare provider breached the standard of care can take longer than you expect. That’s why having an experienced attorney on your side is a big benefit.
5. Can a Personal Injury Lawyer Help Me?
Speaking of which, a personal injury lawyer can make your life significantly easier when it comes to a medical malpractice claim. Not only can they investigate your case to see if you have enough evidence to pursue a claim, but they can guide you through every step of the legal process.
Litigation for medical practices is expensive and time-consuming. This will only be made worse if you’re not experienced with navigating the world of law. An attorney has the resources that you don’t necessarily have access to.
They’ll be able to find witnesses on your behalf and maximize your chances of winning the case.
The right attorneys are also experienced and know everything about the justice system. They’ll be able to obtain any documentation or information necessary to help your case.
What to Know About Filing a Malpractice Claim
Knowing as much as possible is an important part of learning how to sue for medical malpractice. You’re fighting a big battle, so there’s no such thing as being too prepared. Before making a malpractice claim, there’s a handful of things that are essential to know.
Once you better understand what a medical malpractice lawsuit entails, you’re more likely to have the tools to win your case. There is little to stress about as long as you respond promptly and have the right attorney by your side.
If you or a loved one are a victim of malpractice, be sure to contact our offices to get the justice you deserve.
Posted in: Medical Malpractice