Medical malpractice claims have become increasingly common. However, there are many aspects of medical malpractice cases with which the average person might not be familiar. If you think you may have a medical malpractice case against a physician, medical staff or facility, keep in mind some of these considerations:
1. Time Limits
The law requires you to pursue legal actions as soon as possible. By waiting too long, you might reach the statute of limitations on your case. If you have an injury that you think might be medical malpractice, you should contact a lawyer right away. Even if you are not positive you will be pursuing a claim, you should still consult an attorney to find out what you might be able to do to ensure any future lawsuit will meet the statute of limitations.
The time limit for filing a lawsuit may vary among different courts. For example, various courts might say the time limit begins to run:
- upon the occurrence of the act or omission the plaintiff claims constituted malpractice.
- when the act or omission results in injury.
- when the plaintiff discovered or should have discovered he or she was injured.
- when the treatment concludes.
2. Proving Fault
There are several ways to determine legal liability in a medical malpractice case.
To prove negligence, the plaintiff must show: a duty owed to the plaintiff by the responsible party; a breach of duty from the expected care; that a deviation from the expected care is related to the patient’s injury; and injury to the patient. Negligence can also occur related to prescription medicine or medical devices.
A doctor typically won’t promise specific results from a treatment. If they do make such claims, and the results are not what was promised, or the patient is not satisfied with the procedure, a patient can claim breach of contract.
A patient should be provided with all of the risks involved in a medical procedure or use of a medical device or medicine. The patient should also give written consent before a course of treatment is pursued. If this does not occur, this is considered failure to give consent.
3. Responsible Parties
Medical malpractice lawsuits are not necessarily limited to the negligence of medical doctors. It can also apply to:
- nurses
- anesthesiologists
- healthcare facilities
- pharmaceutical companies
- medical device manufacturers
- others that provide health care services
Determining all the parties at fault in your medical malpractice case can be an arduous task, but an experienced personal injury attorney will be able to assist you.
Medical malpractice suits are the most difficult personal injury cases to pursue, and can be expensive to prosecute. The personal injury lawyers of the Meehan Law Firm in St. Louis, Missouri have access to medical experts who can review your situation and provide you with their opinion as to whether or not you have a potentially successful case against a doctor or hospital.
Sources:
http://injury.findlaw.com/medical-malpractice/medical-malpractice-law-faq/
http://injury.findlaw.com/medical-malpractice/medical-malpractice-law-overview/medical-malpractice-law-limitations.html
http://injury.findlaw.com/medical-malpractice/medical-malpractice-law-overview/medical-malpractice-law-negligence.html
http://injury.findlaw.com/medical-malpractice/medical-malpractice-law-overview/medical-malpractice-law-sue%281%29.html