Medical Malpractice Definition
Medical Malpractice occurs when a Doctor or Hospital falls below the Standard of Care required of a person or institution set by the medical community and generally accepted in the profession of medicine.
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Common Occurrences of Medical Malpractice:
A surgeon can make a mistake on the operating table. An anesthesiologist can give the wrong dose of anesthesia and kill a patient or cause permanent injury. A doctor can misdiagnose a disease and give the wrong medication. A surgeon can accidentally leave foreign objects inside the patient. A hospital can provide the wrong blood for a transfusion. A hospital’s lab can mix up the patient’s blood with someone else’s.
How long can I wait before I sue for Medical Malpractice?
The window of time you have from the time you incur your injuries to when you will be legally barred from filing a claim is called the Statute of Limitations. The Statute of Limitations for medical malpractice claims will vary from state to state. However, in many states claimants will have about two years to file suit. It is important to hire a medical malpractice attorney as soon after the injury occurs as possible so you can initiate your claim before the Statute of Limitations expires. Many states also have preliminary notice requirements where you must notify the doctor that you are filing a malpractice action against him.
Where should the suit be filed?
Suit must be filed in the appropriate state court of original jurisdiction in the county where the medical malpractice occurred.
How do I find a good Medical Malpractice attorney?
MalpracticeAttorneys.com will connect you with an attorney in your area who understands your legal situation. Our professional service is FREE of charge. Just fill out the form below.
What will I need to prove my claim?
You must prove that the medical provider’s negligent actions caused your injuries. In other words, you have to prove the medical provider was responsible for your injuries. To prove negligence, you must first determine the standard of care the medical professional was expected to use. When it comes to medical malpractice cases, the standard of care expected of a professional will depend on the patient’s age, condition, and geographic location, among other things. You then must prove that the medical professional failed to follow this standard of care and that this failure to subscribe to the standard of care caused your injuries.
Can I sue for pain and suffering?
In a Medical Malpractice case, your damages will include the costs incurred for the medical treatment, the costs incurred in bringing the law suit, and your pain and suffering incurred as a direct result of the medical malpractice.
Can I sue for loss of consortium?
The spouse of the party injured due to medical malpractice may bring a claim for loss of consortium under certain circumstances. You should discuss this with the attorney. Just fill out the form below.
Medical Malpractice FAQ
- What is Medical Malpractice?
- Who can I sue for medical malpractice?
- How long can I wait before I sue for Medical Malpractice?
- Where should the suit be filed?
- How do I find a good Medical Malpractice attorney?
- What will I need to prove my claim?
- Can I sue for pain and suffering?
- Can I sue for loss of consortium?
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