Medical Malpractice Claims: 4 Frequently Asked Questions (And Answers)
Did you know that medical malpractice is the third-leading cause of death in the United States? It’s not as uncommon as people think.
If you think that you or a loved one was the victim of medical malpractice, you may not know where to turn. We’re here to answer a few frequently asked questions about medical malpractice claims so you can start building your case.
Read on to learn more.
1. What’s Considered Medical Malpractice?
Medical malpractice is any situation in which a doctor, nurse, or other medical professional or entity didn’t treat their patient with proper standards of care. In most cases, this is due to negligence rather than malice (though there are rare cases in which malpractice was intentional).
The medical professional may have misdiagnosed the patient, not followed proper medical procedures during treatment, or neglected to inform the patient of risks associated with their treatment.
The plaintiff has to prove that the medical professional’s negligence resulted in some form of harm.
2. What Is a Statute of Limitations?
A statute of limitations is the timeframe in which you’re able to sue someone for medical malpractice. This varies depending on the state in which you live, and there may be extenuating circumstances that allow you to extend it.
Often, the statute of limitations is only a few years. This is problematic for people who don’t realize that they’ve been harmed by a medical professional until years after the fact.
That said, a good lawyer will still be able to provide you with legal options if you’re beyond the statute of limitations as long as your case is strong enough.
3. Do You Need a Lawyer to Start a Medical Malpractice Claim?
You don’t need a lawyer to start a medical malpractice claim, however, your case is more likely to be successful if you hire one.
It’s hard to prove that a medical professional is guilty of negligence. Doctors make mistakes and errors in judgment, and often, those errors don’t mean that they were negligent. As long as the medical professional followed protocol and helped the patient to the best of their ability, they won’t be guilty of medical malpractice.
If you think that a medical professional was negligent, but you don’t know how to prove it, an attorney is necessary. Find more information here about finding a good medical malpractice attorney.
4. Who Can You Sue for Medical Malpractice?
Most of the time, people make medical malpractice claims against doctors and surgeons. That said, you can also sue nurses, anesthesiologists, and any medical professional that was involved in your treatment.
It’s also possible to sue medical facilities, but this is less likely to be successful. You can, however, sue multiple healthcare professionals within the same hospital.
Did We Answer Your Questions About Medical Malpractice Claims?
Medical malpractice claims are more complicated than other types of personal injury claims. If you think that you’ve been a victim of medical malpractice, it’s crucial that you consult with an attorney right away. They’ll be able to walk you through the process so you can get the damages that you deserve.
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