Medical malpractice occurs when a medical professional has been negligent before, during, or after treatment. There are a few specific sectors of malpractice including misdiagnosis, childbirth injuries and complications, medication errors, surgery errors, and also anesthesia errors. These are extremely serious issues that are not taken lightly, and there are certain facts that everyone should know.
This piece will discuss five of the facts that you should know about medical malpractice.
There is a Time Limit for a Malpractice Case
When it comes to filing a claim, you only have a limited time to put the case forward. It is important to know that this varies from state to state, as each operates on their own statute of limitations (the legal period in which a person can come forward with a claim). Outside of the statute of limitations, the claim will not be valid. Therefore, victims of medical malpractice should come forward as soon as possible to work with a lawyer, in order to make sure they are within the specified time frame to file a legal case.
Do Not Expect a Settlement to be Quick
Unsurprisingly, medical malpractice cases are extremely complex and can take a significant amount of time to work through and complete. Expert testimonies are required in order to understand how and why medical practitioners acted neglectfully, what should have happened instead, and why their misdemeanors have fallen below the acceptable standards.
Other professionals also need to be involved to determine the damage inflicted or caused, and how much patients will be owed as a result.
Medical Malpractice is Not Always Immediately Apparent
Sometimes a victim of medical malpractice might not suffer from the negative effects of negligence immediately. In terms of misdiagnosis, victims will find they will not know the true cause of their symptoms until they are given the correct diagnosis. In the meantime, the symptoms could have worsened, or their life could have been put in danger. If you believe or are unsure if a misdiagnosis was due to negligence, it is best to contact a lawyer to go through your options.
Child injuries during labor are a good example of malpractice that might not become apparent until later on, as the child begins to develop before showing symptoms. For more information, visit the Malpractice Group.
Medical Malpractice Cases Vary
It is unsurprising that medical malpractice cases have to be judged on a case-by-case basis due to the presence of many variables. It covers such a wide scope of issues, from being issued the wrong type of birth control to surgery going wrong; therefore, if you suspect you have been a victim of medical malpractice but are not sure, it is best to contact a legal representative immediately.
There are Two Types of Compensation
Those who win a medical malpractice case can expect either compensatory damages, punitive damages, or both to be awarded. There is a significant difference between the two.
Compensatory damages cover the medical expenses incurred by a victim as a result of the negligence, including loss of work earnings and other factors such as pain, loss of enjoyment of life, and permanent disfigurement.
Punitive damages focus on punishing those convicted of malpractice, in order to deter other medical professionals from making similar mistakes!