Medical malpractice is regarded to be a form of personal injury. This means that medical malpractice cases are guided by the personal injury law. Medical malpractice occurs when health care providers treat patients in a way that is different from standard medical care. Patients can sue of the negligence of medical practitioners lead to injury, death, or disability.
In medical malpractice cases, the biggest hurdle that complainants face is proving that the medical standard of care was disregarded and that the treatment offered did not conform to this standard. Common malpractices committed by health practitioners include mistakes in treatment, improper diagnosis, lack of informed consent, and treatment against patients’ wishes.
Suing a Health Facility for Malpractice
When a health facility commits a mistake that leads to the death, disability, or injury of a patient, he/she is legally obligated to file a compensation claim. Medical malpractice laws seek to protect patients who are victims of substandard medical care. Negligence victims and their family members ought to initiate the compensation claim as soon as the treatment mistake happens.
Discussing with a medical malpractice lawyer about the legal action that one needs to take is advisable. Medical malpractice cases are typically complex since they are analyzed from a procedural, medical, and legal standpoint, thus the need to seek legal counsel. Proving your case means you must have a solid understanding of the medical malpractice law and how it applies to your case.
Before suing, it is important to determine whether the health facility was negligent, or its employees. The fact that medical negligence occurred in a hospital doesn’t necessarily mean that the facility is responsible. If an employee of the hospital was negligent when dispensing his/her duties, you are required to file a claim against that particular employee.
Victims are supposed to obtain their medical records, which are useful when they want to determine their damages, and who they should sue. It is advisable to sue all parties that are deemed to be responsible because once the case begins, the possibility of including more responsible parties is almost nil.
Medical Malpractice Timelines
Different states have different deadlines as far as filing a personal injury claim against a health facility or a practitioner is concerned. These deadlines are commonly referred to as statutes of limitations. However, most states stipulate that the claims must be filed within two to six years of the malpractice. If this period elapses, victims cannot file a medical malpractice claim.