A lot of medical practitioners have committed medical malpractices in one way or the other on patients for treatments. For instance, a medical doctor might recommend an unnecessary surgery to a patient for injury sustained, but instead of the operation to heal the injury, you were able to discover through many medical checkups done with another doctor that the surgery did worsened it. The patient that this has happened to will file a lawsuit because he/she understands the medical malpractice guide well. But this is quite unfortunate these days that many individuals that have similar or related medical malpractice have happened to not know their rights. Some set of individuals are affected by cases like this, and they did not do anything because they don’t know it is something they can fight against. We cannot continue to let people suffer in the hands of medical practitioners that fail to do the right things in treating a patient. Our team has shown concern by trying to treat the issue so everyone can act when necessary to correct the wrongdoings in our society in these modern days. We have included the necessary things to be done and when to carry out the lawsuit if you have been subjected to medical malpractice by medical personnel before.


Definition of a Medical Malpractice           

We all can define medical malpractice to mean the deviation of medical doctors from the recognized “standard of care” during the process of giving treatments to patients. What we mean by “standard of care” is when a reasonable prudent medical practitioner performs the right and perfect treatment on a patient. On the norm, medical malpractice when a doctor performs negligently to giving treatment to the patient in need of it.


Forms We Can Have Medical Malpractice

We can have medical malpractice occurring in different parts of treatment. Here, we will give the various forms it can happen to you:

    1. – A doctor not considering diagnosing a patient


    1. – Giving patients unnecessary medical treatment


    1. – A doctor not giving a patient treatment at the right time Recommending an unneeded surgery to patients: imagine while playing football, you got yourself injured. You went to a doctor, and the doctor tells you the situation concerning the injury is critical, and you need to do a surgery. You yielded to the advice of the doctor and proceeded with the operation. After undergoing physical therapy, you discovered the injury has gone worse than the initial situation. After frequent checkups, you were able to know that it is the surgery you did then that exacerbated your injury instead of healing it. A new doctor you just contacted told you that the surgery was never needed for your injury. We can say your first doctor has just committed medical malpractice.


    1. – Error in prescribing drugs


    1. – Anesthesia errors 


    1. – Inadequacy by a medical doctor in explaining a medical procedure or treatment 



Ways in Proving that the Doctor that Attended to You Committed a Medical Malpractice 

 Understanding the elements of a successful malpractice claim is key in an attempt to win your lawsuit. The lawyer you have hired must fully be aware of these elements too.

These are:

  • You must be able to state that you hire the doctor, and the hired medical practitioner performed the agreed treatment on you. Your medical malpractice claim on a doctor will be invalid if no relationship ever happened between you and the doctor by giving you treatment.


  • You can only file a medical malpractice claim on a doctor if he/she did not provide you with a “reasonable skillful and careful” healthcare treatment. This is far different from receiving perfect healthcare treatment from your doctor. No patient is entitled to a complete treatment from a medical doctor, so far as the doctor attending to you and give you the standard treatment any prudent professional doctor could have done.


  • You and your lawyer must have proved by contacting an experienced professional doctor to check that it is actually the negligence of the doctor that attended to you then that caused an injury. If at the end of the day, it was not from the doctor you initially met that led to that injury, your medical malpractice claim is invalid.


  • You are never going to have a lawsuit unless it is confirmed that it is the negligence of the doctor that brought you pains.


It is essential to be aware of the statute of limitations for your case in relation to all injury lawsuits. You are required to file your lawsuit within the statutory time frame because if you do it out this period, you are very likely to lose the reason behind the bold step you have taken. The statute of limitations for your case is never the same in every State of the country but they depend on the condition in which the injury occurred.


Medical Malpractice Damages 

Some individuals out there do not know the damages caused by medical practitioners that they can use in filing a lawsuit. These damages are

  • – General Damages: damages here are related to loss of enjoyment. Pains or suffering that occur physically or mentally. Loss of future wages.

  • – Special Damages: These damages are concerned with bills related to healthcare and wages that were lost in the past.

  • – Punitive Damages: damages aimed at punishing the health care provider for careless and rightly negligent acts.   


The Role of Expert Witnesses in Medical Malpractice      

We have talked about the “standard of care” earlier in this article. An expert witness testimony must be included in your case before your medical malpractice claim can be considered valid. An expert witness in a medical malpractice case will check out the treatment the doctor gave to you to see if it’s the cause of the injury you currently have. After doing that, if the claim is true, the expert witness will proceed in testifying that the actions by the doctor is nothing near the “standard of care.”


Current or retired healthcare professionals can stand as an expert witness in medical malpractice cases. This expert witness service is another legal means by which medical practitioners use in increasing their source of income.


When Should You Sue for a Medical Malpractice 

After it has been confirmed that you now have a medical malpractice claim against a doctor or other medical practitioners, it is essential for you to know that every State has legislated law that limits the amount of time you can wait before you can proceed to get your lawsuit started in the court of law. Although we all know that the deadline for all States is not the same, it can be estimated to be between 2 years and four years. If your State of resident got a 3-years statute of limitations on medical malpractice cases, you are required to file your medical malpractice lawsuit within the three years of the medical negligence of the medical doctor. Although there are exceptions to this law, depending on a few things.



  Is It Still Possible to Submit a Medical Malpractice Claim After the Statute of Limitations Deadline Has Passed?   

People these days are fond of not observing or following the legislated laws given to us. The medical malpractice lawsuit you file after the passing away of the statute of limitations deadline is almost certain to be demised on the grounds that it is beyond the given time. After your lawsuit might have been rendered useless, you won’t even have the legal right to get compensation in the form of money damages for the pains you have suffered due to the unproven medical malpractice.


This is why it is very important you truly know and digest the medical malpractice statute of limitations in your state and know how to go about it. If a medical doctor causes you medical malpractice, act fast, do the right thing at the right time. Do not hesitate and never allow anything to hold you back because this is the only way you can bring them to justice.


When Does the Statute of Limitations Deadline Starts Counting?    

It starts on the particular day the healthcare provider commits the error. This is why you should act fast by doing the necessary things to bring the persecutor to law.



Get the Best Medical Malpractice Lawyer for Your Case Today

This is as important as every other point explained in this article. A lot of individuals normally take this part of choosing the right attorney for medical malpractice cases with levity. This should not be – you are to do extensive research in getting the best one to work with you. The one you are considering using must have enough experience in cases related to medical malpractice. Because this type of lawsuit needs special hands on it. The medical malpractice attorney you have contacted must be very familiar with the medical malpractice guide because it is only by knowing everything relating to it the professional lawyer can help you out in joining hands in making the case a success.

Robinson & Associates is here to help you 24/7. Contact Us Now.

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