Personal Injury Lawyer Blog
Medical malpractice cases are related to one of the more common fields of law. Medical malpractice lawsuits are filed to resolve different types of medical negligence. To have such cases settled, you should turn to an expert medical malpractice lawyer. It can take some time to resolve the case and you will need to spend a small sum of money in some cases. Medical malpractice attorneys suggest you to determine if you really have a case.
In all medical malpractice cases, two main factors should be present – a doctor, nurse, dentist or a medical technician – committed a mistake in a medical treatment. That “mistake” can include failure to act, also known as “omission” or negligence. The second is that the mistake caused you a severe injury.
To file a medical malpractice lawsuit, you need to consider the statue of limitations. The actual statue depends upon the state; however, one year is a normal time period allowed to file a medical malpractice case.
It is not enough just to find out that the doctor is responsible for the injury you are suffering from. It is also important to know whether the doctor was giving you proper treatment. This is termed as the standard of care. According to most medical malpractice lawyers, you are most likely to win the case if you succeed in proving that the doctor did not give you the required standard of care.
Aside from this, you need to prove that there is connection between the injury you suffered and the medical negligence. As for expert medical malpractice lawyers, the strength of the case is proportionate to your condition. This means if your condition gets worse after a treatment, then you will most likely win the case. For example, a misdiagnosis normally does not provide grounds for medical malpractice, but if that inaccurate diagnosis aggravates your condition or causes more problems, then you may have a case.
The majority of legal cases require a reliable witness. Typically, expert witnesses are required for medical malpractice lawsuits. So, you need to have least one expert witness to prove that there is a link between the injury you suffered and the medical treatment provided by the doctor. An expert witness can help you prove that the doctor failed to meet the required standard of care.
A medical malpractice case can take a long time to reach a settlement, especially if the lawyer of the doctor puts up a fight. This is because the court may cancel the license of the doctor if he is proved guilty.
Moreover, medical practice lawyers are usually contingency based which means they don’t charge you anything unless the win. Doctors and medical professionals charge a great deal of money to appear in the court of law. Apart from the fees of these professionals, you need to bear other expenses that arise while the case is in progress. The cost may even go over the compensation you may receive if you win the case.
Despite all these difficulties, medical malpractice lawyers recommend you file a case against the responsible party. You should try to obtain compensation for the pain and suffering due to the negligence of the doctor. This will help prevent such things from happening to other patients down the road.