Medical Malpractice Laws

Medical Malpractice Laws

Personal Injury Lawyer

After a medical mishap, you may be feeling pain, frustration and doubt. While you once placed all the trust in the world in your doctor, you now are left wondering if there is any way you will be able to trust like that again.

If something goes wrong, the last thing you may want to think about is a confrontation with the doctor. You may only be thinking about getting better and doing what needs to be done to recover fully. However, as time goes by and the money runs thin, you may want to check into filing a claim against your doctor for the error.

Statute of Limitations

There is a specific time period most legal matters must adhere to. This period is called the statute of limitations. It sets for the deadline for filing a lawsuit against another party. The time varies based on the type of claim or situation. For medical malpractice lawsuits, the statute of limitations is around four years. This does not necessarily mean four years from the date of injury, although it can. The time is measured from the time you knew or should have known that a medical error led to your current injury.

Qualified Medical Expert

Requires the filing of a Certificate of Review by an expert witness when filing a medical malpractice lawsuit. This is an affidavit from another expert in the field. This third-party account must show that the expert reviewed the handling of your medical care and points out where the doctor was negligent. If you have more than one medical expert witness, each must fill out this document. All must be submitted to the defense within six months of the discovery period opening.

Damage Cap 

Damages are awarded based on how much money the injury has cost you. There are a few factors that go into the calculation of damages, there is no cap to the amount of money a patient may be awarded. Therefore, you may get the money that exceeds the initial expense of caring for your injury. Pain and suffering and loss of income may get calculated into the final amount of the award.

When trying to decide if you want to file a medical malpractice lawsuit, you may wish to speak to a personal injury lawyer well versed in handling these cases. They will be able to guide you on the path to recovering the money you need to continue your care.


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