In medical malpractice cases, doctors, nurses, hospitals, and other healthcare providers breach the duty of care they owe to their patients. This can result in serious injury or even death to the patient, and medical malpractice lawsuits are based on the failure to provide appropriate care during treatment or diagnosis of injuries or disease caused by a healthcare provider’s negligence. In this article, we’ll discuss what to look for in a medical malpractice lawyer who will advocate on your behalf if you believe you have been wronged by a negligent healthcare provider.
What Is Medical Malpractice
The term medical malpractice is used commonly by people, but what does it mean?
Medical malpractice occurs when a health care provider acts or fails to act in such a way that he or she deviates from accepted standards of care and causes injury or death to an individual who has placed their trust in them.
The law recognizes that patients are often unable to make good decisions on their own behalf—in fact, they may not even realize they’ve been harmed. And because it can be hard for patients to know whether they have been subjected to medical malpractice, they need someone else—usually an attorney—to help them navigate these complicated situations.
What to Look for in a Medical Malpractice Lawyer
The statute of limitations on medical malpractice claims varies from state to state, but it’s typically around two years. That means that an injured party must file suit against a negligent physician within two years of discovering an injury—the time period can be extended if there is fraud or concealment.
Again, the statute of limitations may vary, and in some cases, the statute of limitations will be counted from reasonable discovery.
When choosing a medical malpractice lawyer, you should look for someone who has experience handling such cases and can advise you about your options.
If you’re unsure about whether to go forward with legal action, meet with several lawyers beforehand so that you can find someone who truly understands your situation and seems like they would be able to help you as much as possible.
What is The Statute of Limitations on Medical Malpractice?
Medical malpractice claims are governed by statutes of limitations. This means that you have a limited amount of time after being wronged by your doctor, dentist, or other medical professionals to file a suit against them.
It’s important to know how much time you have. If you don’t file suit before your statute of limitations runs out, it becomes extremely difficult (if not impossible) to bring your claim at all.
What To Do If You Suffered Malpractice
If you or someone you love was hurt by medical malpractice, you should talk with an experienced medical malpractice lawyer.
If you wait too long to file your lawsuit, a court may refuse to hear your case. In addition, if a settlement offer has been made but not accepted before your lawsuit is filed, then that settlement offer becomes void once your lawsuit is filed.
It’s important that you get advice from an experienced medical malpractice lawyer who knows all of the tricks used by insurance companies and big corporations to make it difficult for victims of malpractice to get their day in court.
Medical malpractice is more common than many people realize. In fact, it occurs so often that most states have what are called statutes of limitations as a way of helping prevent frivolous or unintentional medical malpractice claims from being made.
The statute of limitations is generally two years from when you first become aware of injury or death as a result of negligence, but every state has its own nuances that you should understand with regard to your specific situation.
If you think that you have been a victim of medical malpractice, seek legal counsel immediately—because if your case falls outside of any state’s statute of limitations, then any legal action will likely be moot.