Every medical malpractice case is different, so it’s understandable if you have a lot of questions for an experienced medical malpractice lawyer. While the answers won’t be uniform in every situation, there are some things that are fairly standard. The following are five questions you might have, as well as the answers to get you started.
- Who Can a Claim Be Against?
When you feel a medical professional has provided you with inadequate care, you might wonder if that individual qualifies as someone you can file a medical malpractice case against. Almost anyone in the healthcare industry can be sued for medical malpractice. This includes doctors, surgeons, technicians, dentists, nurses, pharmacists, hospital workers and even the hospital itself. Any person or entity that fails to provide you with a certain standard of care should be held responsible.
- Can I Sue a Surgeon If I’m Not Happy With My Surgery?
Whether you can sue a surgeon or not after a surgery you’re not happy with depends on the circumstances. For example, if the surgeon did everything by the books, and any other surgeon would have completed the surgery in the exact same manner, you probably wouldn’t have a case. If the surgeon botched the surgery, and went off the beaten path of what other surgeons would have done, you could possibly sue.
- Is There a Time Limit To File a Case?
Yes. Each state has its own statute of limitations for medical malpractice cases. For example, in Minnesota, you have four years from the date of the malpractice to file an action. If you fail to file your claim within the specified time period, you could forfeit your right to compensation. There are some exceptions, such as being underage when the malpractice occurred, so you should speak with your lawyer to find out if you qualify for any exceptions.
- How Do I Prove Malpractice?
Your lawyer can help you gather all the evidence to prove malpractice took place. Four facts you’ll need to prove are:
- A doctor-patient relationship existed
- Your doctor failed to provide a duty of care
- An injury resulted from that failure
- Your injury cost you financially, physically and/or emotionally
- What Can I Do To Get Started?
If you feel you have a medical malpractice case on your hands, be sure you keep all the medical bills and other proof that medical care existed. You’ll also want to keep track of contact information for any witnesses to the incident in question. You should speak with a lawyer to ensure everything is on track, and to get help with your case.
Contacting a Lawyer Today
If you were the victim of medical malpractice, you don’t have to pay for it. Contact a medical malpractice lawyer today for help in getting the compensation you deserve.