Have you recently seen a doctor to have a procedure performed, but now feel something isn’t right? If you believe there is an issue with the care you received, you might have a medical malpractice lawsuit case.
First, there are a few things you need to consider and verify, before putting a claim together. Note – that you will need to verify the actual limitations for your state. The best way to do that is to contact a lawyer for a free consultation, but be patient and make sure you feel comfortable with the firm before signing paperwork.
Did The Hospital or Doctor Not Perform Their Duty of Care?
While you are in the doctor’s care, they have a duty of care that is owed to their patients. This will be the same care no matter which doctor you see in your area.
Was There A Breach Of Care With The Doctor?
The doctor has taken an oath to serve their patients and medical malpractice lawsuits come into play when they fail to do this. Common examples of this would be: the doctor or nurse sewed up a wound and left inside your body or if they misdiagnosed you and treated you for a condition you didn’t have.
Rob, a professor and medical malpractice lawyer in Michigan, said; “You need to understand what you were treated for and what the outcome should’ve been. This is a process that can take time, the quicker you start the process, the better it will be to solving the issue.”
Were You Injured In The Breach?
You will need sufficient proof that you were injured by the breach of care. If a tool was left inside of you, that would be easy to prove and we all know that is unacceptable. If you are saying that you are having a pain or injury, that will need to tie directly to the breach. The doctor/ hospital will do their own investigation as well.
How Much Evidence Do You Have?
Like we touched on above, the tool is great evidence, but if it is an injury or infection; you will need to be reviewed by other medical experts. These experts will need to testify what their findings were and that care you received under the care of the original doctor is the cause for the new injuries.
Filing For Compensation
Depending on the state you are in, you might sue the doctor directly or it could be the hospital and the typical window to file the claim is 2-3 years; this varies per state.
If you feel you have the evidence, it is worth consulting a lawyer about your case and the state limitations for you. The majority of lawyers offer free consultations and only take a fee if they win your case. Do your own due diligence on this for your area.
Wrapping It Up
This is something no one should have to go through and if you are; you need to see if you have a case. Medical malpractice happens more than it should and the victims should be compensated for their pain, trouble, and suffering.