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If you were seriously injured by a medical error or a family member was killed by one, you may be able to collect a settlement against the doctor, nurse or medical facility involved. You may have been the victim of a wrong operation, failure to diagnose or had a child born with a birth injury. While it may seem like an obvious case of medical malpractice to you, keep in mind these cases are complex and require you to prove four separate elements.
What You Must Prove in a Medical Malpractice CaseWhen you formally accuse an individual or medical establishment of malpractice, you must be able to prove the doctor, nurse, hospital or clinic had the obligation to treat you. This is referred to as duty of care. Next, you need to show that the standard of care a reasonable person would expect was not provided to you. The third situation you must prove is that you sustained an injury or lost a loved one to premature death. Finally, you must prove that the actions or negligence of the person or establishment being sued lead directly to your injuries or the death of your family member.
Obtaining a Medical Malpractice AttorneyAs an injured patient or surviving family member, you have the right to contact a personal injury attorney who specializes in medical malpractice cases. You can do internet research and ask others for recommendations to find a lawyer to represent you. Before you decide on one specific lawyer to handle your case, make sure you have had the opportunity to meet with him or her for a legal consultation. Most personal injury attorneys provide this session at no cost to the client.
Potential Outcomes of Your Personal Injury LawsuitIf you decide to hire a lawyer to file a medical malpractice personal injury lawsuit on your behalf, he or she will begin investigating your case right away. This typically involves consulting with a licensed physician on staff with the law firm and reviewing your medical records. When your lawyer has gathered sufficient evidence, a lawsuit will be served on the party who allegedly committed medical malpractice.
If your case is successful, you may receive payment of lost employment wages, further medical expenses, pain and suffering and funeral and burial costs if applicable.
What else can I help you with?
What does it take to get a medical malpractice suit?
A medical malpractice suit is a lawsuit against a medical or healthcare provider who has performed some sort of professional medical negligence. You can file a medical malpractice suit if you have a situation such as this. An example of medical malpractice would be if after surgery it was discovered that a scalpel had been left inside you. Doctors have malpractice insurance to cover themselves in situations such as this.
What is the statue of limitatons in Arizona to file a medical malpractice suit?
The statute of limitations for medical malpractice in Arizona is two years with the discovery rule.
What is the statute of limitations in Missouri for filing a medical malpractice suit?
The statue of limitations for medical malpractice suits in Tennessee is one year with the discovery rule. The discovery rule is a stipulation that allows for the statue of limitations to commence upon discovery of the illness or injury caused by medical malpractice. The article below explains further the connection between medical malpractice and the discovery rule.
What is the statute of limitations in Virginia for filing a medical malpractice suit?
The statute of limitations for filing a medical malpractice suit in Virginia is two years. Unlike most other state, Virginia does not include a "discovery rule" stipulation in the number.
What is the statute of limitation for medical malpractice suit in GA?
Yes, there is a limitation in Georgia. It will be 2 years from the point of discovery of the malpractice.
What is the statute of limitations for filing a medical malpractice suit in Ohio?
The statute of limitations for medical malpractice in Ohio is one year with the discovery rule.
What is the statute of limitations in Nebraska for filing a medical malpractice suit?
Medical malpractice is a personal injury. In Nebraska it has a limit of 4 years. There may be some tolling based on discovery of the injury.
What is the statute of limitations for medical malpractice in Louisiana?
Louisiana has set the statute of limitations for filing a suit at 1 years for medical malpractice. That will be from the time of the injury or when it was discovered. There can be situations that will toll it for a longer period.
What is the statutes of limitations in Florida for medical malpractice?
Florida has set the statute of limitations for filing a suit at 2 years for medical malpractice. That will be from the time of the injury or when it was discovered. There can be situations that will toll it for a longer period.
What is the statute of limitations on filing a medical malpractice lawsuit in Minnesota?
The statute of limitations on filing for medical malpractice in Minnesota is two years with the "discovery rule." The discovery rule applies to when the illness or injury caused by medical malpractice is officially "discovered." The article below goes into more detail about the discovery rule and medical malpractice.
What is the statute of limitation for medical malpractice in new york?
New York's statute of limitations for medical malpractice are comparatively tight. It is 2 and 1/2 years. The article below goes into more detail on medical malpractice statute of limitations.
How long in the state of Utah do you have to file medical malpractice suit?
The statute of limitations in Utah for medical malpractice cases is two years with the discovery rule but no more than four years from original date of act or omission.
