Medical malpractice happens when a health care professional harms a patient after failing to execute their duties. The rules for filing a lawsuit vary state by state, right from when you should file your case to whether you should notify the health care professional ahead of time. But there are certain principles that are nearly universal and some categories of rules that are applicable for most malpractice cases across the country.
To file a medical malpractice claim, there are some basic requirements that you need to fulfill. If you want to prove that medical malpractice has occurred, you should show the following things. Hiring an experienced Queens personal injury lawyer can help you in the process, but you must keep in mind all essential requirements.
Proof of doctor-patient relationship
You have to show evidence of a doctor-patient relationship with the medical professional you want to sue. In simple terms, you must show that you had been treated by the doctor, and the doctor also willingly treated you. For instance, you cannot sue a doctor who gave you offhanded advice at a party. When a doctor begins seeing you as a patient and offers you treatment, it is easier to prove that a strong relationship exists.
Negligence of the doctor
Simply being unhappy with the doctor’s treatment does not mean that the doctor is accountable for medical malpractice. It is necessary to prove that the doctor was negligent with your diagnosis or the treatment they recommended or provided. If you want to sue for malpractice, you must show that the physician has caused you some harm in some way. Whether the doctor was sensibly skillful and careful in their diagnosis or treatment is the claim’s main factor.
The injury resulted in some specific damage
Even if it is clear that the doctor acted below the general standard of care, the patient cannot sue unless they can prove that they have suffered injuries or some kind of serious harm. Here are few kinds of damages that may give rise to a viable medical malpractice claim:
- Physical harm
- Mental torment
- Extra medical bills
- Loss of work or earning capacity
- Common Types of Medical Malpractice
There are a range of situations that can lead to a viable medical malpractice claim. Have a look at some of the common categories into which a claim may fall:
- Failing to diagnose: Sometimes, a medical professional will make a wrong diagnosis or offer a wrong treatment plan, which leads to a bad outcome. In that case, the patient can pursue a claim for compensation.
- Incorrect treatment: When a doctor treats a patient in a way in which no reasonable doctor would have and it results in harm, the patient can file a medical malpractice claim. It can also be malpractice when a doctor chooses the right treatment plan but executes it ineffectually.
- Fails to warn the patient about the known risks: It is the doctor’s duty to alert the patient about any treatment plan risk. This is called the duty of informed consent. When a patient who is well-versed in the possible risks would have chosen not to go along with the medical procedure, the doctor may be liable for medical malpractice if the procedure injures the patient.
How to Bring a Medical Malpractice Claim
All malpractice claims should be brought as soon as possible after one gets injured. If you do not file the lawsuit within a specified time period, the court has the right to dismiss your case regardless of the strength of the facts you present. When the period, also called the statute of limitations, is counted depends on respective states.
In many states, the patient needs to submit the claim to a review panel. These experts will listen to all arguments, review all evidence and expert testimony, and then decide whether any malpractice has potentially occurred. The decision of the panel never replaces the actual lawsuit, however.
The panel also can never award any injuries, but it is like a hoop that the patient needs to jump through to reach the court. Some places need the patient to provide the medical professional with notice of the claim in the form of some basic description before initiating filing.
Get assistance from a reputable medical malpractice lawyer!
Medical malpractice law is governed by complicated rules that vary significantly from place to place. Therefore, it is often vital to seek assistance from a personal injury lawyer to help with your medical malpractice claim. They can assist you in filing the claim in the pursuit of seeking maximum compensation.
