There is a way to collect damages from being the victim of negligence. In order to prove you’ve been mistreated or neglected during your treatment, you need to hire medical malpractice lawyers and file a suit. Speaking with a professional will help you determine whether or not you have a case against your physician or hospital.
What is Medical Malpractice?
It’s important to understand the definition of malpractice or negligence. Being harmed in the process of your treatment isn’t necessarily grounds for a suit. The crucial detail to these lawsuits is the proof that someone made a mistake which directly resulted in patient injury.
What is the Standard of Care?
Standard of care is the measurement by which physicians treat patients based on their illness, age and where they live. For example, a young child and an old man will be treated with different standards of care even though they share the same illness. Additionally, a patient in Louisiana may be treated with a different standard of care than a patient with the same condition in Colorado. If you’re able to prove there was a blatant disregard of the standard of care, it will help your case.
What Will I Need to Strengthen My Suit?
Proof is your greatest weapon in any lawsuit. Proof takes its best form in expert witnesses. Having someone testify to the mistake that directly resulted in a patient injury will likely be the strongest part of your case. Additionally this witness, if he or she is a doctor, can compare the treatment method used against the proper standard of care and demonstrate the deviation from that standard.
How Long Will It Take?
Time is a major factor in these types of suits. If you believe you have a case, you have to file before the statutes of limitations runs out, which is the amount of time you have to file a claim before it’s too late. This time period will generally vary from state to state, so make sure you know the statute in your state. Additionally, these cases can last a very long time. The defense will try every method to debunk your case, which can cause it to drag on for months.
How Much Will it Cost?
It’s a good idea to plan for your suit to cost a considerable amount of money. While this might not happen, it’s important to understand that these lawsuits can become expensive and be prepared.
Make sure to ask your medical malpractice lawyers any other questions you might have. This can include care that was received outside of your resident state, how the attorney’s rates and fees apply depending on if you win or lose and whether to alert the IRS to any money awarded to you. Knowing as much as you can and compiling your evidence in a clear and organized manner will help you navigate through the complicated nature of malpractice suits.
Please see the resource below for ethical considerations the expert witness you choose for you case should be following.
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