Medical Malpractice Attorney - Suing For Substandard Care

If you or a loved one has been the victim of substandard care on the part of a doctor

or healthcare professional, you may need to hire a medical malpractice attorney to get what you deserve. In order to win a lawsuit in this realm, you'll need a lawyer (and evidence, of course) that can prove that you were the victim of negligence. The negligence need not be malicious in intent, but merely below the standard of care that should be expected from a professional in their position. This can include cases where misdiagnosis or failure to diagnose led to harm, maltreatment, and many other situations where the patient did not receive the care to which he was entitled.

Categories

There are several types of cases a medical malpractice attorney might take on. One of the most common types involves simple errors that have a profound impact on the patient's health. For instance, a doctor may prescribe a medication that the patient is allergic to or will interfere with medication the patient is already taking. The wrong dosage of anesthesia during surgery could also fall under this category. Other categories include failure to diagnose on the part of the doctor and failure to explain the risks of a particular surgery. That's right: if something goes wrong during surgery and the patient was not warned ahead of time of that risk, it is easily grounds for a lawsuit.

Requirements for a Claim

Of course, a medical malpractice attorney isn't going to take a case that doesn't meet some of the minimum requirements for filing a claim. You can't simply decide tomorrow that you want to sue your doctor neighbor for negligence because you don't like him. There must be a cause for action, as well as some other prerequisites. These include an established relationship between the patient and the doctor and proof of negligence. You can't sue a doctor you met at a party for advice he might have given you off the cuff, in other words.

Limitations

The law protects doctors and healthcare professionals for liability past a certain time period. This is the statute of limitations and it means you only have a specific period of time in which to find a medical malpractice attorney and file a claim. Every state has different laws regarding this time frame, but it is a short window in most. Generally speaking, you will have somewhere between six months and a couple of years to file suit.

by: Abraham Avotina

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