Have you been injured by the negligence of a doctor, nurse, technician, dentist, or hospital staff member? If so, you may have a legal claim. The American Bar Association has determined that any of the aforementioned people can be liable for negligent or erroneous treatment. If you have a new or worsening condition as a result of improper treatment, you need to consult a medical malpractice attorney to see if you have a viable claim. While this is a type of personal injury law, you will want a counselor with specific experience in these unique cases.
The Process
Like any other legal proceeding, a case dealing with the negligence of a doctor or other professional will take a while to be resolved. Your medical malpractice attorney will have to be successful in proving two key facts for you to win your case: one, that your doctor made a mistake, and two, as a result of this mistake you were harmed. Your lawyer will need to prove that the doctor in question deviated from the standard of care of your malady. Standard care is the routine treatment provided for a certain issue. You would not necessarily treat an 18 year-old patient with strep throat the same way you would treat a 90 year-old patient with the same issue. It is important to determine if your doctor deviated from the standard of care; if they did not, you won’t have much of a case. On top of this, you must have sustained a significant injury because of your doctor’s disregard for the standard of care. If your doctor deviated from the standard of care but you were not injured as a result of this specific deviation, then you will not have a case.
Statute of Limitations
Most legal proceedings can only be filed within a certain window of time. This is called the statute of limitations. If you do not file your case in time, you will not have your day in court even if your case is valid. The statute of limitations on negligence cases varies from state to state. This is another reason to make sure you have a quality medical malpractice attorney. They will know exactly how much time they have to complete the necessary paperwork to ensure your case is heard.
Caps on Awards
In order to protect doctors and insurance providers, there has been a cap put on the amount of money that can be recovered from these cases. Similar to the statute of limitations, this amount varies from state to state. If you win your case, the amount will be more than sufficient in covering the bills you incurred as a result of the negligence. A medical malpractice attorney will ensure that you recover as much monetary compensation as you possibly can for your ordeal.
Don’t be a victim twice! Get a skilled counselor to fight for you. The doctors and hospitals will have an army of lawyers protecting their interests. Who is looking out for you? A medical malpractice attorney is there to keep these professionals in check and hold them responsible for their errors.