Things to know about medical malpractice, before hiring a personal injury lawyer

• 2 Mar 2020
• Uncategorized

Some examples of medical malpractice 

• Improper diagnosis
• Overdose of a medicine
• Overdose of anesthesia
• Infections caused due to inadequate hygiene
• Prescribing fatal medicines
• Errors in monitoring the heartbeat of a child during labor
• Injury caused to the patient due to improper lifting
• Not informing the patient about the risks involved in a treatment or surgery

But before you file a case against medical malpractice, understand the fundamental requirement and some essential points to ponder upon. Otherwise, you might end up losing the case.

Fundamental requirements of a medical malpractice claim

To prove that medical malpractice took place, the victim needs to have the following things:

1. Proof of the existence of a doctor-patient relationship in medical terms- To sue a doctor in a medical malpractice case, you need to prove that the doctor advised you such treatment in person. You can’t sue a doctor if the advice was given indirectly. E.g., your friend had the same problem, and you started following the same treatment advised to him. In this case, the doctor is not responsible for the medical damage that occurred to you. There should be direct contact between the doctor and the patient. 
2. Proof of doctor’s negligence- The victim needs to prove that the doctor was negligent. The patient can’t sue a doctor based on the dissatisfaction of treatment. 
3. Proof of harm caused due to injury- You must be able to show that the negligence of the doctor caused harm. Even if the doctor commits a mistake but no harm took place, then it is not the case of medical malpractice. E.g., if the wrong medicine was advised when the patient was under observation in the hospital, the doctor can be sued. In this case, the patient needs to present a medical expert to discuss the standard of medical care and prove that the doctor deviated from the rules.
4. Proof of damage caused by medical negligence- The doctor can be sued if the damage was caused to the patient due to negligence. A case can be filed in case of the following damages:

• Mental disorder
• Physical pain
• No recovery or no results 
• More than standard medical bills
• Loss of capacity to work and earn

Things to remember before filing a lawsuit for a medical malpractice

• File the case within the given statute of limitations- This implies the fact that the case should be brought in the given time frame. This time frame or statute of limitations varies from state to state. In some states, the case should be brought when the malpractice took place, while in other states, it can be delivered when the damage or injury was discovered.
• Firstly submit the case to the particular medical malpractice review panel- It is required in many states first to submit the case to the medical malpractice review panel. They hear the arguments, review damages, and testimonies to decide whether the malpractice occurred or not. The findings are then submitted to the court.
• The doctor should be sent a claim document in written- Some states require that before filing a case, the doctor should be sent a notice of the claim in the form of description. This has to be done by the patient.
• Get an expert testimony- This is one essential document that is required at the time of trial. Though, some states may not ask for expert testimony.

Conclusion:

So if you are a victim of medical malpractice, surely, you would be in search of a personal injury lawyer in Queens. All you need to do is collect the proof and make a note of things to remember before filing a lawsuit against the doctor.