Medical malpractice is usually associated with doctor malpractice, i.e., doctors making mistakes in treating their patients. However, doctor malpractice should not be confused with medical malpractice, which has a much wider scope.
The scope of medical malpractice includes treatment or the lack of it as well as other departure from the generally accepted medical care, health care, and safety standards that causes a patient harm.
In order to prove medical malpractice your claim must satisfy both of these elements:
- There must be injury.
- There must be negligence.
In most cases patients were not in the best of health when they first went to the doctor for consultation, and they do not have the medical expertise to prove that the doctor really caused the injury.
The best way to prove medical or doctor malpractice is to find a medical expert witness to testify on the patient’s behalf.
To show that the doctor or health care provider has been negligent or careless in treating the patient, you need to establish that the medical treatment fell short of the generally accepted standard of care.
The test whether the degree of care has passed the generally accepted standard is whether a reasonable health care professional would do or avoid doing the same thing under similar conditions.
Is there a time limit wherein I can file this claim?
As a matter of fact, yes. This time limit is called the Statute of Limitations. If you fail to file your medical or doctor malpractice claim within the required period of 1 to 7 years depending on your state, then, generally, you will forever be barred from filing this claim.
Common examples of medical or doctor malpractice:
• Your doctor failed to perform surgery or other medical procedure properly;
• Your doctor delays treatment;
• Your doctor did not properly explain medical procedure or possible side affects;
• Your doctor gave you the wrong medicine;
• Your doctor failed to diagnose your medical condition.
Of all the lawsuits, one of the hardest to pursue is medical malpractice. Most medical or doctor malpractice lawsuits entail a lot of expenses since they involve several expert medical witnesses, not to mention the complicated facts that surround this type of lawsuit.
Often, doctors will not admit having committed any error, and usually have the means and resources to oppose any lawsuit.
If you are a victim of medical or doctor malpractice, the first step you need to take is find a competent medical attorney to handle your case.
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