Medical Malpractice Claims: Special Requirements
Medical Malpractice
A medical malpractice occurs when harm or injury is inflicted on a person due to the negligence or failure of a medical professional, such as a doctor or a nurse, to exercise care and duty.
Types of Medical Malpractice
A broad variety of situations may lead to a medical malpractice claim, from a doctor failing to tell his/her patient that a prescribed drug can cause heart failure to leaving a sponge in a patient's stomach in an operation. Majority of claims fall into one of these common types of medical malpractice:
" Failure to Diagnose
If an experienced doctor would have discovered the illness of a patient or have made a different diagnosis that would have led to a better result compared to the one really achieved, then the patient might have a possible medical malpractice claim.
" Improper Treatment
If a doctor or physician treats a patient in a manner that no other experienced doctor would, that patient could have a medical malpractice claim. In the same manner, it can also be malpractice if the doctor chooses the proper treatment but performs it incompetently.
" Failure to Warn Patients of Known Danger or Risks
A doctor has a duty to warn patients of known danger or risks of a course of treatment or procedure. Such duty is known as the duty of informed consent. If a patient, once he/she is properly informed of possible risks, would have decided not to go through with the course of treatment, the doctor may be held liable for medical malpractice if that patient gets injured by the procedure in a manner that the doctor should have warned might happen.
Special Requirements in Medical Malpractice Cases
Many states have special requirements for cases of medical malpractice. It is crucial to be familiar with these requirements and carefully follow them.
These special requirements are the following:
" Medical malpractice claims have to be brought immediately after the injury
In the majority of states, you have to bring a medical malpractice claim somewhat quickly, usually between six months and two years, depending on the state.
The time period where you have to bring the lawsuit is known as the "statute of limitations."
If you fail to file the lawsuit within the period of time specified, the court will dismiss the case in spite of the facts.
When the time period begins ticking also depends on the state. In various states, the clock begins when the act of negligence occurred while in others, it begins when the patient should have discovered the injury.
" Special Medical Malpractice Review Panels
In many states, a patient is required to initially submit the claim to a medical malpractice review panel. This panel of experts will listen to arguments, review expert testimony and evidence, and then make a decision whether or not medical malpractice has occurred.
The decision of the panel does not replace a real medical malpractice lawsuit, and the review panel cannot give damages, but it is a step the patient must take before getting to court. The panel's findings may be presented in court and often, courts rely on a panel's finding of no medical malpractice to dismiss a claim before it goes to trial.
" Special Notice Requirements
There are some states that require the patient to give the doctor a notice of the medical malpractice claim, in a basic description form, before filing anything.
" Expert Testimony is Required
Expert opinions are usually an important aspect of the case of the patient. Often, a qualified expert is required at trial. (And an expert affidavit or expert testimony is normally required at the proceedings of the malpractice review panel before commencing trial.)
State rules differ as to what makes someone qualified to give expert medical testimony, but commonly, it is somebody who has experience in the certain field at issue. In a very limited number of situations, expert testimony is not a requirement, such as when a surgical towel is left inside the patient's stomach after a surgery.
" Limits on Damage Awards
Many states limit the amount of money that may be awarded to a medical malpractice patient.
With all these special requirements in a medical malpractice claim, your case may be much more complicated than what you expect, so it is wise to get help from an expert lawyer who specializes in dealing with medical malpractice cases.
Our competent lawyers handle medical malpractice claims and other personal injury cases. Log on to http://www.personalinjurydefenders.com/Medical-Malpractice.html and avail of our free case analysis.
