6 Things to Know About Medical Malpractice Lawsuits

  • 3 months   ago

Being a victim of medical error seems impossible for most people. However, it occurs more often than you think, and in fact, in the U.S., medical malpractices are third-leading causes of deaths. Every year, medical malpractice claim 200,000- 400,000 lives. And up to twenty times that figure suffer injuries from medical malpractice that do not result in death.



These errors can be due to surgical mistakes, prescription mix-ups, or defective medical devices. For patients, this may cause serious injury and at times death.When such things happen, lawsuits are usually filed to defend the rights of the victim and seek compensation for the damages. However, it is a complex process.

This is why it is recommended to consult an experienced Miami medical malpractice attorney. If you are a victim, you should be aware of the things mentioned below.

Lawsuit is time-sensitive: In case you have got an injury and believe that it has direct link to a medical error, you must act quickly. Most of the states have statute of limitations to file a medical malpractice lawsuit.

Additionally, there are guidelines surrounding most of the statutes of limitations. For instance, some state laws may signal that the allotted time frame starts the day the error occurred. Others indicate that this period begins when the victim comes to know about the injuries. You would not receive any compensation if you do now file your lawsuit within the time frame.

Review panel: Before you file the malpractice claim, several states demand the victim to submit their case to review panel. They will review every evidence and listen to the testimony to decide whether malpractice occurred. If this panel finds that medical malpractice took place, this will help you in your case once the official case begins.

Getting medical assessment: Along with review panel, a state may also ask the victim to undergo a medical assessment before they file the lawsuit. This includes a physical evaluation by a medical professional who is not involved in the malpractice. This physician will decipher if the injuries are a direct result of medical error. If the finding is positive, the victim is issued a certificate of merit.

Hiring the right attorney: While looking for a lawyer to represent you, it is important to look for someone who has sufficient medical malpractice experience. Hiring someone who will be handling a medical malpractice case could prove to be a bad decision. You need an attorney with ample knowledge and years of experience representing patients who have received injuries after the error by a hospital or a medical professional. So, while consulting the lawyers, ask them about their track record and experience.

Role of attorney: During the medical malpractice lawsuit, the lawyer will be required to show evidence of multiple things. The strength of the evidence will break or make your case. First, the attorney will need to prove the negligence of the doctor. This means that the medical professional did not give proper standard of care.

Next, the attorney will be required to show that the injury sustained by you resulted in damages like disability, medical bills, and lost wages. These damages will ascertain the compensation you will need to fight for.

Medical records: Your medical records are the strongest evidence in your malpractice lawsuit. You must ask for the records as soon as you sustain an injury. Your lawyer will need access to the records as soon as possible so that they can build the case accordingly.

I hope everything about medical malpractice lawsuits is clear to you now. Be aware of these things and get in touch with a professional who will give the ideal solutions to all your problems.