Medical care saves millions of lives every year, but that doesn't mean doctors are exempt from making mistakes. Unfortunately, mistakes in the medical field also happen every year, and they can cause permanent damage for the patient. Medical malpractice exists so that you can be compensated for any permanent damage you sustain at the hands of a doctor's negligence. If you believe you're a victim of medical malpractice, you'll probably want to know how the lawsuit would work before consulting a lawyer. Use this guide about what it takes to have a medical malpractice lawsuit to determine if your situation meets the criteria.
In order to bring a medical malpractice lawsuit against a doctor, you'll first have to prove that the doctor acted negligently. The law determines if the doctor acted negligently by determining if they violated the standard of care. The standard of care refers to how another doctor in the same area would have treated someone of your age and with the same condition. If the doctor violated the standard of care, then they are considered negligent.
Determining that your doctor was negligent isn't enough to bring a malpractice lawsuit against him/her; you must have suffered an injury or damage of some sort. Not only do you have to prove you suffered further damage, but you have to be able to prove that the further damage was directly caused by the negligent treatment. In the law, this stage is known as causation, and it's one of the most difficult stages of a medical malpractice case. When it comes to trial, an independent medical expert will take the stand to prove causation.
Filing the Lawsuit
If your doctor was negligent with your treatment and you suffered damage because of that negligence, then your next step will be filing the lawsuit. Filing a lawsuit is never an easy decision, but it must be done in a timely fashion because of the statute of limitations on medical malpractice cases, which differ from state to state. If you're concerned about the cost of filing a lawsuit, you should know that most lawyers will work on a contingency fee basis, which means they'll only take fees if they win the case.
Medical malpractice lawsuits can be long and arduous. Knowing what's involved in the lawsuit can help prepare you for what's to come and help you get the compensation you deserve. Find a medical malpractice attorney in Philadelphia, PA or your local area to receive legal advice.Share
8 October 2015
Hi, my name is Sally. I was living a pretty average, uneventful life until I had an accident. At that point, my life become more stressful and painful than I could have ever imagined. Sadly, my accident happened on private property, and it could have been prevented if the owner of the property had kept up with his shoveling. For months, I missed work, suffered through constant pain and become more and more depressed. Finally, a friend referred me to an accident and injury lawyer, and she showed me how to get the compensation that I deserved. I don't want to see anyone else suffer like I did, and because of that, I decided to create this blog. Here, I hope anyone who has been injured can find the information they need to get fully compensated and regain their lives. Enjoy your reading and thanks for stopping by!