Medical errors are the third leading cause of death in the United States!
Medical malpractice is an unfortunate situation that happens when a doctor fails to give a patient proper treatment. Medical malpractice can cause severe harm to the patient and in some cases, it may even kill them.
To know whether or not medical malpractice has been committed against you, you need to understand the law. Here is a closer look at the medical malpractice laws that govern the country.
What Exactly Is Medical Malpractice?
Medical malpractice happens when the care that is given to a patient falls below the proper standards. When the care falls below proper standards and harms the patient, a medical malpractice case can be brought against a hospital or a doctor. Several types of medical malpractice can occur. The most common ones are:
- Injury during birth
- Error from surgery
- Pharmaceutical errors
- Failure to diagnose
Speak with a medical malpractice attorney if you want to find out whether or not you have a case.
How Long Do You Have to Sue?
If you believe that medical malpractice has been committed against you, then you have a limited amount of time in which you can file a claim. The amount of time that you have varies by state.
It also varies depending on the type of malpractice, the age of the claimant, and the time frame in which the injury was discovered.
The Legal Elements of the Case
For a medical malpractice claim to be successful, a patient needs to show that their doctor acted negligently in giving proper care and that it led to an injury. Four legal elements need to be proven.
These four elements are the professional duty that a physician must give to their patient, breach of that duty, injury caused by the breach of duty, and damages suffered.
Where are Medical Malpractice Cases Filed?
Medical Malpractice cases are filed in a state trial court. These courts have jurisdiction over the case and can legally decide the outcome.
If the medical malpractice claim involves a federally funded clinic or a veteran administration facility, then the legal claim must be filed in the federal district court. Each state has at least one federal district court. Medical malpractice cases can be challenging to navigate on your own. If you need the help of a medical malpractice law firm, visit here.
There is a lot to consider when you decide to file a medical malpractice lawsuit. Medical malpractice laws can vary from state to state and it can get confusing.
If you are not careful, you may end up losing your case if you don’t file your claim correctly. The best way to ensure that your claim is successful is to hire a competent lawyer.
If you need legal help do not hesitate to use our directory to find a good lawyer.