Medical malpractice
Medical malpractice occurs when a physician has been negligent in the provision of an acceptable standard of practice. Malpractice occurs when this negligence causes injury or death to a patient. An “acceptable standard of practice” is determined by the medical community and is the standard by which all physicians should be held to. In the United States it is estimated that between 44,000 and 98,000 people die every year from medical error.
The regulations surrounding medical malpractice vary greatly between different countries and states. Due to the complexity of the medical profession, it can be difficult to deal with medical malpractice cases. Because of this, lawyers who deal with medical malpractice are usually highly specialized and trained in the technical issues involved within the medical profession.
Requirements for a Medical Malpractice Suit
If you believe that you or a family member may have been the victim of medical malpractice, you must prove it. You will have to demonstrate that the injury sustained was the result of the medical treatment received. This process is made much easier with the help of a lawyer who specializes in medical malpractice. They will contrast the level of care that received with the medical standard of practice and attempt to link the negligent treatment with the injury sustained.
If you have experienced unexpected side effects or pain which was not mentioned before the medical treatment you may also have a case for medical malpractice. The physician is required to make you well aware of the side effects and potential complications of every medical treatment.
To build the foundation of a legal case for medical malpractice, it is essential that you keep every record relating to your treatment and recovery. This particularly true for any additional treatment for injuries sustained by the medical malpractice. Because you will be required to show evidence of the injuries received and prove it was a result of the initial treatment, you will need all the relevant paperwork.
You will also need to have a person or entity to make the claim against. That means you will need to identify who was responsible for the decisions that occurred during your treatment. Also remember that malpractice can occur by act or the omission of an act.
You need to find out what a good doctor would have done at every stage of treatment. That will help you determine if any steps were omitted during your treatment which lead to the poor outcome. It is important to know that there is a statute of limitations for medical malpractice suits in most countries.
In the United States the time limits are set by a statute in common law and can vary between states. For example, in many parts of the United States the time statute of limitations is 3 years but in New York that limitation is 2.5 years. It is crucial that you start any proceedings as soon as possible after you realize medical malpractice has occurred. With this form of law suit, time and evidence are crucial, so if you believe malpractice has occurred, contact a lawyer immediately!
