Medical malpractice lawsuits are on the rise as more patients and their families learn about their rights. These lawsuits hinge on the injuries or harm suffered by patients in the hands of healthcare providers. You too may qualify to file a medical malpractice claim if you have suffered an injury or health complication due to your doctor’s actions or inactions. You can visit Syracuse Personal Injury Attorneys to learn more about the process.
However, before filing a medical malpractice suit, you need to know what medical malpractice is and the common types of it. This article goes over everything you need to know, including the key takeaways when suing your doctor.
What is Medical Malpractice?
Medical malpractice is defined as medical errors committed by healthcare providers or professionals in the healthcare sector. Such errors can lead to injuries, health complications, and sometimes death. Johns Hopkins reports that medical errors are the third leading cause of death for men and women in the U.S. This report highlights the danger of medical errors and their effect on victims.
Medical malpractice may be presented in many ways, depending on the actions or inactions and the results. Common medical malpractices include;
- Failure to diagnose
- Improper treatment
- Failure to warn patients of known risks
- Birth injuries
- Medication errors
- Prescription errors
- Defective medical devices
- Delayed diagnoses
- Surgical malpractice, etc.
Any of the above medical errors can lead to short or long-term injuries that can complicate the patient’s life. You may be able to file a medical malpractice claim to seek financial redress for your injuries. However, before this, you need to understand the key considerations to keep in mind.
Key Takeaways on Suing a Medical Doctor for Malpractice
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Violation of Standard of Care
Medical professionals, healthcare providers, and healthcare facilities have a duty of care to patients. Professionals are expected to act within a reasonable authority and make positive judgments to improve the patient’s health and wellness.
However, you may be able to sue your doctor or healthcare facility if you have reason to believe that their standard of care was violated. To prove this, you will need to collect evidence from other professionals in the same field, cross-referencing their professional recommendations with what your doctor did.
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Type of Medical Malpractice
Medical malpractice is divided into various arms, depending on the type and injuries sustained. Victims will need to understand their specific case and the elements of such a case.
Victims will also need to determine whether their injuries are a result of negligence, vicarious liability, or intentional misconduct. Each of these is different based on the legal lens they are viewed from. Your medical malpractice lawyer will help determine the type of malpractice and more.
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Expert Witnesses are Essential
Medical malpractice cases are often complex and complicated. Most often than not, establishing evidence may involve hiring an expert witness to corroborate your story and perspective.
The expert witness(es), usually another doctor in a similar field, will assess the case and examine the diagnosis and recommended treatment – if any. The doctor(s) will determine if the medical provider acted reasonably within the confines of their professional duty.
The expert witness may also be able to corroborate the breach of duty of care and link the malpractice to the victim’s injuries or losses.
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The Statute of Limitations
The statute of limitations is a legal expiry date on cases. Each case type has its statute of limitations, after which the victim cannot seek redress.
It is important for medical malpractice victims to seek out an attorney as quickly as possible to evaluate their case and determine its statute of limitations. Acting well within the confines of the statute of limitations increases the victim’s chances of getting an outcome.
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Suing a Doctor Requires Resources
Medical malpractice cases are often time-consuming and resource-draining. Many personal injury law firms do not take on these cases due to the technicality of things.
Injury victims cannot afford to approach such cases on their own and without help from qualified and experienced attorneys. Seek out experienced medical malpractice lawyers with a firm reputation. It is also important to hire a law firm with the right resources to probe the case, gather evidence, and demand settlement for the injuries suffered.
Choosing the right law firm and medical malpractice lawyer for your case can affect its outcome. In fact, getting the right backing can significantly reduce your stress and hassles while boosting your confidence in the case’s outcome. Contact an experienced medical malpractice lawyer near you to discuss your injuries and how to sue your doctor for malpractice.
