Medical Malpractice
A physician may be sued for medical malpractice if his or her actions demonstrate clear negligence in providing care, and such negligence leads to injury of the patient. Such an injury may be caused directly, as in a botched surgery or harmful prescription, or indirectly, as in the case of a doctor’s failure to diagnose a dangerous condition despite having ample opportunity. Just as a motorist may be charged with reckless driving despite having no intention to harm anyone, so does a physician need not have acted willfully or maliciously to be charged with medical malpractice: clear evidence of carelessness is sufficient grounds on which to build a case.Hiring a Medical Malpractice Attorney
Not all cases are created equal, however. In many situations, lawyers will refuse to assist an individual in filing litigation. In cases involving minor or ambiguous injuries, most lawyers will not deem the potential recompense to warrant the expense and difficulty of a prolonged medical malpractice suit. Most physicians are extensively protected by malpractice insurance, and as damages in such cases can range from tens to hundreds of thousands of dollars, large insurance companies have a strong incentive to defend their clients as best as they can. Because of this inevitable resistance, and because of the inherent complexity of such cases, often necessitating considerable research and the testimony of expert witnesses, lawyers will not usually accept cases they deem to be trivial or financially unsound.
 |
Find Attorneys in your State |
| Click on the map below to find a Medical Malpractice Lawyers in your state. | |
|
|
Prosecuting Medical Malpractice Suit
Medical malpractice cases are subject to strict statutes of limitations, which require that all claims be prosecuted within six months to four years (depending on jurisdiction) of the time the malpractice was discovered; or, in certain regions, from the time the injury was caused, meaning that negligence discovered only after the allowed window has expired cannot be prosecuted (this can be waived if the physician is determined to have deliberately covered up evidence). Occasionally, exceptions in statutes of limitations are made for cases involving young children.
An individual pursuing a claim for malpractice must be able to prove that the physician has performed at a level of competence beneath that of standard medical professionals, and that the injury has resulted from this incompetence -- not from any actions of the claimant. The burden of proof is always upon the individual filing the lawsuit, and a common tactic for defense attorneys is to put the claimant on trial, arguing that he or she in fact caused his or her own injuries. In certain cases, damages may be reduced if the patient is proven to be partly at fault.
Winning a Medical Malpractice Suit
Despite these very real difficulties, it is quite possible for an injured person to win a medical malpractice suit and billions of dollars in such compensation are awarded annually by the courts. In addition to payment for restitution of medical bills, awards can be granted for loss of wages, and infrequently through punitive damages resulting from pain and suffering. These are usually only given out in cases of the most extreme misconduct.
Due to the intense complexity of medical malpractice cases, all would-be plaintiffs will need to consult a lawyer as the first step in filing suit.
Related Links: |
|
