What Is Required When Claiming Medical Malpractice?

Law Blog

Have you recently had some difficulties regarding your medical care, and now find yourself wondering if it is worth filing a lawsuit? Or have you recently lost a loved one and feel that that their death could have been prevented, if they had had the proper medical care ? These are just two circumstances that could lead someone to explore their options in filing a medical malpractice claim. However, there are specific regulations regarding what makes something true medical malpractice, and what makes something simply a tragedy.

Determining if Medical Malpractice Exists

Determining if medical malpractice exists in a specific scenario often follows a clear path. There are specific requirements that must be met, and all of the requirements must exist in order for a claim to be filed. There are four basic steps that will be looked at to determine if malpractice exists. The following must be established:

  • A relationship between doctor and patient
  • That negligence occurred
  • The negligence by the doctor directly caused the injury in question
  • The injury resulted in specific harm, such as mental anguish, increased medical bills, lost wages, or physical pain

Special Circumstances in Medical Malpractice Cases

Medical malpractice cases are quite different from a standard lawsuit. There are specific requirements that are focused solely on medical malpractice suits and how the process will work. These requirements are:

  • Timeframe for filing: each state is different, but medical malpractice suits must be filed soon after the injury, typically from six months to two years.
  • Medical malpractice review panels: there are some states that require an individual to submit their claim to a review panel. They will hear the evidence and interview witnesses to determine if actual malpractice exists.
  • Expert testimony: expert testimony is a requirement when a medical malpractice case goes to trial.
  • Damage limits: there are some states that have a limit on how much an individual can be awarded in damages when it comes to medical malpractice cases.
  • Notification: there are states that require the patient notify the doctor before a medical malpractice suit is filed.

Most Common Medical Malpractice Claims

There are some scenarios that are considered more common for medical malpractice claims than others. Examples of common medical malpractice claims can include:

  • Incorrect diagnosis
  • Delayed diagnosis
  • Errors in prescribed medication or the use of anesthesia
  • Errors during surgery
  • Negligence during either prenatal care or childbirth

If you feel that you have a claim for medical malpractice, contact an attorney like those at the Davidson Law Center Inc. This will be key, as they can aid in understanding the specific laws and requirements regarding your state. An attorney can also help in negotiating a settlement or representing your interests in court.


9 December 2014

Knowing Your Legal Rights Can Help You Greatly in Life

Like many people, I once found learning about law very intimidating. My brother went to law school and I remember glancing through a few of his books and wondering if I was actually reading English due to all of the legal jargon in them! However, when I ended up in a sticky legal situation due to accidentally breaking a small law I didn't know existed, I realized that I needed to learn more about the law, so I could make sure to follow it precisely in the future. My brother helped to break down some complicated legal concepts to me, and I have since been studying up online. I want to post what I have learned and continue to learn about law in the future on my new blog, so my knowledge cannot only help myself, but also help others!