If you are suffering from an injury or financial loss as a result of a medical malpractice, then you have the full right to file a suit against the doctor or the hospital responsible. But before you do that, there are a few things you should understand about a medical malpractice suit that will help you prepare for the case or to even decide whether a lawsuit can be filed. Four such factors are discussed below.
Negligence And Injury
Two important concepts of a medical malpractice lawsuit are negligence and injury. Your lawyer must be able to demonstrate that the doctor was incompetent or negligent in treating you correctly, and that it was this negligence that eventually resulted in your injury. If the doctor’s negligence cannot be proved, then the lawsuit won’t stand, no matter how grievous an injury you may have suffered. As such, make sure that you get yourself a proficient lawyer like Patrick Wandres, who has the necessary experience in proving and winning medical malpractice cases.
Timing
The lawsuit must be filed as soon as possible, which in most cases is between 6 months to 2 years. If you delay it further, chances are that the case won’t stick and will be quashed by the court without even hearing your side. Plus, it is to your benefit that you file the case immediately after being injured from the medical malpractice since your lawyer will be able to present more positive proof to support the case.
Informed Consent
When going to a doctor for treatment, they will generally advise you on the potential risks of undergoing that procedure. In fact, it is their legal duty to do so. But if you were not warned of the risks involved, and you subsequently suffered an injury, damage or financial loss, then you will have the right to seek compensation for medical malpractice. However, if you had been forewarned of the risks, and you still end up with injury, the doctors won’t be held liable. Similarly, if you neglected any of the doctor’s advice and conducted yourself in any way that went against the advice, you will again be considered ineligible for compensation. For example, if the doctor asked you not to drink alcohol during the treatment period, but you went ahead and drank it regularly, then a case of medical malpractice won’t stand in the court.
Testimony of Experts
There will be a high chance of involving a neutral expert when the court is deciding your case. The expert will be from a similar field as the doctor and will be sufficiently experienced enough to know whether there has been any fault from the doctor’s side or not. He may also be used to judge whether you made any mistake during the treatment phase.
So, keep in mind the above points when thinking of filing a medical malpractice lawsuit, and you will be better prepared for the case.