When you go to a doctor for help, the last thing you expect or want is to end up worse than before due to their negligence.
Unfortunately, negligence from health care providers often wreaks havoc in patients’ lives. If you’re the victim of medical malpractice, you may be unable to go about your regular daily duties. It could require you to take time off work, cope with long-term issues, and accept a new normal.
According to the National Library of Medicine, the American Medical Association (AMA) notes that one in three clinicians are sued by patients at least once in their medical careers. It adds that some surgical niches face higher risks of legal action.
Among other things, the AMA says that eight in 10 cases — 80% — that make it to the courtroom for trial end up with a verdict in favor of the physicians. That’s not to say that clinicians get off without a hitch, however. Getting ready for trials means investing a lot of resources, time, and money.
One study shows that around 400,000 hospitalized patients encounter some preventable injury annually, while another study indicates that approximately 200,000 patient fatalities were because of avoidable medical mistakes. Such findings can be frightening if you need the help of medical professionals. Mistakes happen, and that can be problematic for patients who are negatively impacted by negligence.
If you’re harmed because of negligence by a doctor or some other healthcare professional, you’ll want to hire a lawyer who specializes in medical negligence issues. Medical malpractice is arguably one of the hardest types of personal injury cases to win. So, hiring a good lawyer is key.
Here are three things you’ll want to know about medical malpractice cases, should you have to file one.
1. Definition of Medical Malpractice
You need to understand what qualifies as a potential medical malpractice case. Medical malpractice happens when a healthcare provider’s negligence causes harm or injury.
The harm or injury can stem from surgical mistakes, misdiagnosis, medication errors, or failure to afford a proper level of care.
Speaking to a medical malpractice lawyer is a must if you feel that a medical professional’s carelessness contributed to a negative outcome.
2. Burden of Proof
If you’re filing a medical malpractice lawsuit, the burden of proof is on you. That’s one reason to hire a medical malpractice lawyer with a good track record of successfully helping people in your shoes.
Your lawyer will build a strong case to show that the defendant breached the standard of care and caused injury or harm. It’s not always easy to prove negligence, which is one reason so many defendants beat the charges in such cases.
3. Statute of Limitations
It’s also essential to remember that statutes of limitations apply in medical malpractice cases. The last thing you want to do is delay filing a case and find out when you do wish to proceed that it’s too late. Facing such a scenario will be like adding insult to injury. But it’s avoidable if you don’t dilly-dally and seek legal counsel immediately.
The statutes of limitations in medical malpractice cases will depend on the state, but it can range from one year to three years from the date of the injury or harm.
If you’re injured and believe the situation stems from a medical professional’s negligence, get in touch with a medical malpractice attorney to see whether or not you may have a case.
Such a case can drag on and is notoriously difficult to prove. However, a reputable legal professional can assess your odds of success and advise you accordingly.