What is the legal meaning of medical malpractice? Medical malpractice normally happens when a health-care provider swerves from the expected health care standards when treating a patient.
Treatment Up to Standards. The “health care standard” is defined as what a well trained and certified medical practitioner would or would not have done under similar circumstances. Essentially it boils down to whether the medical practitioner was negligent.
There is no doubt that medical malpractice lawsuits are gradually becoming more common in the medical field. And to the majority of doctors?
This is a nightmare because most of them, or even just any other medical practitioners, do not expect to be sued by the same patients they spend each day treating and helping.
However, in spite of this increased awareness of medical negligence by health care providers on the part of the public, still there is strong evidence indicating that most of the patients still remain ignorant on the finer details of medical malpractice cases.
Here’s What You Need to Know…Therefore, it is very important that you understand several issues regarding medical malpractice lawsuits.
The following are some of the things you need to know about medical malpractice cases:
- Firstly, medical malpractice cases are not only directed to doctors but to a wide range of medical practitioners which basically includes; therapists, nurses, lab personnel, medical personnel, and even dentists.
- Secondly, there is always a limitation law in each and every state on the period of time within which a malpractice case may be filed.This means that if you fail to file your case before the expiration of a specified period, then you will certainly be disallowed from pursuing your medical malpractice claim.
- Thirdly, malpractice lawsuits are usually costly. Generally, these high costs may be in form of retainers for medical professionals that will be required to substantiate the case, financial expert witnesses who will be required to quantify the financial implications that may have resulted from the medical negligence, among several other costly requirements by the plaintiff.
- Fourthly, malpractice cases usually move at a slow pace in the justice system and this is because of their complexity.The justice system is littered with individuals who file a case simply because there was an error on their medical bill or something equally irrelevant, which is obviously not a case of malpractice.
- Lastly, it is good to note that not all cases of malpractice end up with a remedy in favor of the complainant (patient), there always must be an injury on the part of the complainant for the medical malpractice to be lawfully established.For those particular cases that have documented merits, most of them are normally settled out of court so that the medic or hospital can avoid the publicity that will inevitably be linked to a successful malpractice claim, but most patients actually do not have the needed level of documentation, or are not able to recreate it after the fact.
It is very possible to successfully file a medical malpractice claim but there are certain things you must do in order to fully prepare for such an event, where recreating that documentation after the fact can be an intimidating task.
Call a Medical Malpractice Attorney
If you think you have a genuine medical malpractice case, it is in your best interest to speak with our experienced and highly qualified medical malpractice lawyer.
Causation and proving malpractice is not easy, and at Hardesty, Tyde, Green & Ashton we have lawyers who will be able to assist you, gather the right evidence, and also to get the needed expert witnesses.
Contact us today on (904) 398-2212 for a free case evaluation and let us walk with you all the way.
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