If you or your kid’s health has been affected by the medical negligence of a medical doctor, then you should file a medical negligence case so as to recover damages for the medical costs, pain and suffering, and lost wages.
There is a variety of medical malpractice, such as misdiagnosing a severe medical condition, adverse reactions, surgical or medical errors and anesthesia. Here it is important for you to note that not all of medical mistakes come under medical malpractice, so it is a good idea to get in touch with a qualified medical lawyer in order to determine whether the doctor was really negligent. The lawyer will also help you know whether the case is worth taking to the court of law.
Who Can File a Case?
If you are injured due to the medical negligence of the doctor, you are qualified to file a case against the doctor, nurse or the medical staff. Violation of the medical laws of any state is a crime and anyone who breaks these laws must be punished by the law. You can also file a case against the respective hospital.
You have a time limit to file a case and it varies state by state. In some states, it is two years and in other states, it is one year (California). Therefore, you should not waste time and get in touch with a medical malpractice lawyer as soon as possible after you have sustained injuries in the hospital.
In some states, the defendant cannot request to have the liability minimized by making a claim that the insurance company of the plaintiff has already made payment for the costs. Another term used for the same thing is collateral source.
In lawsuits that involve joint or many liabilities, all the individuals who are considered negligent are required to pay the compensation amount that is figured by the judge. In case one individual cannot pay the amount, then the other one have to pay the full amount.
If you want to win the case against the negligent party, then you should prove that the other party manifested negligence or malpractice. Moreover, it is important to search and hire a qualified medical malpractice attorney to handle your case. Experienced lawyers know how to thoroughly investigate your lawsuit so as to prove the liability. In case you win the case successfully, you will be rewarded the right amount of compensation by the court.
How a Medical Malpractice Attorney Can Help
Hospitals and insurance providers, for the most part, try to settle a case quickly so as to avoid legal fees. But the amount of compensation offered by the insurance provider or the hospital is insufficient to meet your medical expenses and other loss you suffer. Here a lawyer can be of great help.
A qualified lawyer can help you or your family collect and scrutinize medical records as well as other evidence. The lawyer can also get assistance from a medical doctor to prove your case in the court. Therefore, it is always best to get the services of an expert lawyer and file a case.