Do you feel like a victim of medical malpractice? This is a serious case that requires immediate legal actions. If you or a loved one is a victim of medical malpractice, you should consult an attorney as soon as possible to know your next move. To determine whether you have a medical malpractice claim, you must answer the following questions:
What type of case is it?
Under medical law, medical malpractice claims include failure to diagnose, improper treatment, and failure to warn patients of potential risks, among others. Determine which type of claim you have before you proceed.
Was there a doctor-patient relationship?
This question determines whether the person or former patient had direct contact with the doctor before the claim. A doctor-patient relationship is realized when, for example, the person made an appointment and met with the doctor in his or her office.
There may also be cases where no doctor was involved in the malpractice, but some other staff was. Whoever was directly involved in the hospital treatment that adversely affected the person or former patient may be considered for the claim.
Did the doctor breach the standard of care?
Negligence on the part of the doctor requires serious legal action. This is a strong claim in your favor if the doctor is proven guilty. However, this pressing question may only be answered by a fellow doctor who has the same background in education and training. Likewise, a doctor cannot testify against a nurse, and a nurse cannot testify against a doctor as they have different fields of expertise.
Has it been too long to file a claim?
In general, the plaintiff is allowed to file a medical malpractice claim within 2 years of learning the injury or malpractice from the specific date that it occurred. The law states that this is a reasonable time to realize the malpractice on hand. At such time, the plaintiff is no longer allowed to file a claim beyond this period. Be sure to consult with an attorney or lawyer as soon as you realize any sign of negligence from your doctor.
Keep in mind that this is a basic overview of a medical malpractice case. The cases may be more complicated in reality, depending on the situation. For any help in this department, our attorneys are available at your service 24/7. We also have our workers’ compensation lawyers, injury lawyers, and accident lawyers are always ready to be at your service. Feel free to consult with us.