Every year, thousands of individuals suffer harm as a result of medical malpractice. According to the American Board of Professional Liability Attorneys, “medical malpractice occurs when a hospital, doctor or other health care professional, through a negligent act or omission, causes an injury to a patient.” Medical malpractice normally involves a medical error and can also lead to death. Each state has its own set of standards and regulations for medical malpractice, and medical malpractice law allows patients to recover compensation for harm, injury or death that result from sub-standard treatment. Here are four medical malpractice facts that you should note.
- Time Limit Placed on Filing a Case
There is a statute of limitations that prevents you from bringing a medical malpractice case after a specific period of time. This means that you have a limited amount of time in which to file your case. Statute of limitations on bringing a medical malpractice claim vary from state to state, so it’s imperative not to procrastinate with filing after the injury occurs. Pennsylvania malpractice law established a two-year statute of limitations for medical malpractice claims, with a countdown that does not start until the point where the patient discovers that the injury occurred.
- It’s Important to Have Statements From Other Doctors
Proving medical negligence can be difficult, and it doesn’t help when medical care providers do not admit fault. Before you can file a suit, you need to have an incredible amount of medical research and evaluation to prove each component of malpractice, and you will also need the assistance of expert medical professionals to prove that the doctor or healthcare professional did not provide the standard of care expected from someone in their position. Getting statements from other doctors is essential to establishing malpractice, unless it’s an obvious case like a doctor amputating the wrong leg.
- Documentation is Paramount
Documentation is essential when it comes to building a liability and injury case. Having too little documentation will do little to help your case, so it helps to have the right amount of quality documentation that can bolster your suit. Legal documents like the original medical records from the doctor you suspect of malpractice create a medical history, or documentation of the management of your health under the care of the hospital, doctor or other health care professional. You can also create your own documentation of your injuries and symptoms, and ensure to be as detailed as possible. The notes and copies of diagnosis made by other doctors could also prove useful.
- You Must Prove Injury Led to Specific Damages
It is not sufficient to prove negligence alone. You must prove that you suffered damages as a result of the negligent act. Damages can take several forms, including, pain and suffering from your injuries, lost wages and medical bills. Proving damages will require evidence of your injuries and the impact that those injuries have had on your health and/or well-being.
You shouldn’t have to suffer without compensation when malpractice occurs. It’s important to know how to go about getting compensation for your pain and suffering brought on by medical negligence. Knowing whether or not you have a case won’t take place until you start the process. It takes time and is difficult, but you may be able to successfully prove your case armed with the right information and medical malpractice attorney.