How To Know Whether You’re Situation Warrant a Medical Malpractice Lawsuit.
Healthcare facilities and hospitals spend around 3 billion dollars in payouts for medical malpractice and this shows that so many people file these medical malpractice cases every year. Knowing when your cases warrant a medical malpractice lawsuits however not always easy. Here are some of the facts and things that you should know about these lawsuits.
We say that there is medical malpractice if a patient is injured by a hospital, a doctor or any other care worker in the facility due to negligence or act of omission. They can do this through a number of ways. This can either be through direct injury or illness or administration of ineffective or dangerous treatments due to overlooking vital aspects of the patient’s cases. In order for the cases to be considered malpractice, there are some certain criteria that they must meet. Among them is that the medical professional should have violated the set standards when providing care to their patients. The other one is that you will need to be able to prove that the injury actually occurred because they were negligent. You will also need to have a viable case and this means that the damages because by the negligence from the doctor or another health care worker are significant. If the treatment of the injuries cost less than pursuing the case, then it makes no sense to pursue it.
Apart from the criteria, there are other requirements, depending on the state, that the case have to meet too. The first one is the statute of limitation where the potential case has to be brought up soonest possible and for most states, this is between six months and two years. You will also need to submit this claim to a review panel in most states, who will decide whether the malpractice actually occurred after reviewing the evidence and hearing arguments. Before you file the claim, you will also have to give the medical professionals that you are filing against a notice. You will also need a testimony if a medical expert to prove that the malpractice was indeed there. Diffract states also have different limits for the amount that they can ward you.
You should take actions as soon as possible if you feel that your case meets the criteria and the constitutes of medical malpractice. Your health should be a priority however if you are a victim and you should get medical help elsewhere before you can do anything. Once you are stable, you can now go ahead and request a medical record from both doctors and also keep your own record. You will then last but not least choose a reputable lawyer with experience and a great track record, which will give you counsel on whether you have a good chance or you should drop the case. If you decide to pursue this case then your lawyer should be the one representing you everywhere.