If you are convinced that you have been injured by your doctor or other health care provider, you may wonder how to proceed. Do you have a legitimate medical malpractice case? There are a lot of things to consider before filing a lawsuit. One of the first things you should do if you want to hold the physician accountable for his or her actions is to hire an experienced personal injury lawyer. For instance, Burke, Schultz, Harman & Jenkinson, Attorneys at Law, specialize in this branch of the law. They can help you throughout the entire claim. There are several issues to discuss during an initial consultation. Here are 4 of them.
Do You Have a Case?
Medical malpractice is a complicated legal matter that generally takes a long time to complete. It can take many years. These types of lawsuits can also become quite expensive for that reason, and the fact that medical facilities have insurance to cover legal fees and compensation amounts. They are in no hurry, and will fight you in any way they can. You need strong evidence that a medical care provider did something wrong. Cases vary widely from prescribing incorrect medication and misdiagnosis, to puncturing a patient’s intestine during surgery. Some mistakes are so bad that a patient actually dies. Discuss the situation with an experienced attorney before launching a lawsuit.
If you or a loved one is suffering due to improper or unskilled treatment by a health care provider, you could have a true case of medical negligence. As the plaintiff, you will need to provide the court with proof. There are several elements of importance. The list includes the following:
- The physician owed the duty of care.
- The doctor violated relevant standard of care.
- The victim can be compensated for the sustained injury.
- You are hurting because of substandard conduct and treatment of the health care provider.
It will be your burden to prove these issues in court in a malpractice suit. Standard of care means that you received treatment that is generally used in your area for patients with your specific medical condition and under similar circumstances.
Clear-Cut Medical Malpractice Cases
Your attorney will ask specifics about your situation and why you believe that you should file a lawsuit. There are circumstances that leave no doubt of negligence. They include the following:
- A foreign object or surgical sponge was left inside a patient.
- The doctor operated on the wrong patient.
- The wrong surgery was performed on a patient.
- Completing non-emergency procedures without the patient’s consent is unacceptable.
- Ignoring to tell patients about significant risk factors (higher than 5%) for certain treatment options or procedures is illegal.
Statute of Limitations
To protect doctors from excessive litigation, the law puts a time limit on filing complaints. For instance, your case will be thrown out if you discover after 10 years that you have been walking around with a surgical clamp inside your belly. Statutes of limitations vary by state. That is why you should discuss your situation with a lawyer rather than depending on information found online. Burke, Schultz, Harman & Jenkinson, Attorneys at Law, are also aware of all changes made to existing medical malpractice laws. These updates may not be included in the articles you find on the Internet.