On occasion, those who receive an operation or other form of therapeutic procedure are subjected to subpar treatment. The results can be catastrophic, and the affected patient may wish to sue. Not all cases where someone receives an injury from a doctor’s care are eligible for litigation. Here are the requirements that must be met in order to launch a lawsuit over medical negligence.
Medical Malpractice Lawsuit Claims
To file suit, you need to prove the following:
- Your doctor was treating you
- Your doctor was reckless or inattentive
- Your doctor’s actions caused harm
Examples of harm include physical pain and discomfort, additional medical bills, and lost income due to an inability to work.
Medical Malpractice Lawsuit Types
Cases fall into three categories. You may have a legitimate case if your doctor fails to identify your condition or is guilty of a misdiagnosis. Litigation may also be brought in the event of improper treatment. Failure to warn patients of confirmed risks is another reason you may sue.
Medical Malpractice Lawsuit Requirements
There are a number of necessities that must be adhered to in order for a malpractice lawsuit to have a favorable outcome. All of them vary depending upon the state in which you reside. To begin, your case must be filed soon after the incident occurs. Known as the statute of limitations, windows range between 6 months and 2 years.
You may be required to submit your claim to a panel of malpractice experts. Although an official board’s findings cannot directly impact the court’s decision, subjecting your accusation to outside scrutiny may be mandatory.
Doctors must sometimes be officially notified that you are making a claim prior to your case being filed. Such warnings include a basic outline of your proposed argument. An attorney can help craft this with you.
Many malpractice lawsuits mandate expert testimony. Individuals called to the witness stand are typically medical professionals with intimate knowledge regarding the medicinal subset that pertains to each case. You will need to arrange for someone qualified to speak about your experience during court proceedings.
There are limits on how much can be awarded for a successful malpractice suit. Judges are strictly forbidden from exceeding specific caps. Learn how much you stand to receive before filing suit.
If medical assistance worsens your health, you deserve compensation. However, figuring out whether your suit has merit can be tricky. You may want to consider consulting with a lawyer, such as an experienced Medical Malpractice Attorney from Cohen & Cohen, to review your circumstances and formulate a plan of action.