Medical Malpractice — Things You Should Know

When a medical doctor fails to provide the standard of care and causes harm to a patient, it is considered medical malpractice. If you have suffered due to the negligence of the doctor, you can file a case against the doctor, the hospital where you received the treatment or other federal agencies that supervise that hospital.

A doctor can be at fault for diagnosing a patient inaccurately or skipping a usual step in a treatment. You may also file a case against the responsible party if the doctor demonstrates negligence because of inadequate training he or she received in a hospital.

Identifying a Worthy Medical Malpractice Case

Without consulting a lawyer, you may not know whether your claim is strong enough to be presented in the court of law. A medical malpractice lawyer has a great deal of experience in dealing with medical malpractice cases, so they can give you the best advice possible regarding your case. Some medical malpractice lawyers work on a contingency basis as well.

This means that the lawyer will receive payment only if you are given an award or a settlement in the court. No one can say for sure that the lawyer will win the case; therefore, such lawyers express their willingness to fight a case only if they have a solid proof that the injury was caused due to the negligence of the doctor.

Important Medical Malpractice Legislation


Many factors can affect the outcome result of a medical malpractice case, such as damage caps, time limitations and liability reform. The government dictates all of these factors.

Ever country has different limitations on the maximum amount that can be awarded for a medical malpractice claim. Some states impose no limits, while others have some limits.

Different states have different liability reform law, and this law is evolving on a consistent basis. The government can amend the terms of liability many times a year. As a result, common people find it difficult to keep up with the terms of the liability.

Some states mandate restrictions that tell you whether you should file a medical malpractice case against a particular party. The average limit for the majority of medical malpractice claims is two years. If you have suspected a medical malpractice, you should get in touch with a medical malpractice attorney as soon as possible in order to file a case. There are time limits and complex guidelines so you should take necessary steps in time.

Your First Steps


Before filing a medical malpractice case, the lawyer needs to procure a certificate of merit. This happens when another doctor or health care provider checks on the relevant medical records and documents of the victim. If that doctor finds a proof of medical malpractice, then he or she can serve as a strong witness in the court of law.

The witness can state in the court of law that the medical doctor did not perform the treatment according to the accepted medical standards, which resulted in the injury of the patient. Your attorney can file the same certificate of merit. This will be proof that the lawyer had consulted a licensed physician to obtain the evidential support.

If you are in need of a medical malpractice attorney in San Jose call Moseley Collins.

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