When individuals are harmed by their medical care providers, they may be able to pursue a malpractice law claim. While this type of claim is fairly common in the legal profession, victims of these cases are often poorly informed. This can make it beneficial to review a few key factors about these claims.
Doctors Are Not The Only Professionals Liable For Medical Malpractice
There is a common misunderstanding that doctors are the only party that may be liable for medical malpractice. Yet, there are many other individuals that may work to provide you with care. In particular, nurses are a common target of these lawsuits as they will often be the ones administering much of the care to the patient. As a result of this reality, you should not be surprised if your attorney lists individuals other than your doctor on the lawsuit.
The Care Provider Must Have Acted Negligently
There is a common assumption that a malpractice lawsuit can be filed whenever a doctor makes an incorrect diagnosis or fails to treat the patient's condition. Yet, this is not the case as it must be shown that the doctor behaved in a negligent manner for one of these lawsuits to be valid. To do this, your attorney may need to interview a range of experts to determine whether or not the doctor acted in a responsible and professional manner as they attempted to treat the patient. Without the aspect of negligence, patients will not be able to file a claim on the basis of malpractice.
Your Attorney May Not File The Medical Malpractice Lawsuit Immediately
Victims of medical malpractice will often assume that their attorney will rush to file the lawsuit as quickly as possible. Yet, these individuals may be disappointed to find that their attorney may wait to file the formal lawsuit. This is done so that the full range of the damages caused by the malpractice can be known. For example, the attorney will need to claim your medical expenses, and you may have to finish treatment before this can be determined. Also, your attorney and the attorney for the defense will likely attempt to negotiate a solution to the matter so that court proceedings can be avoided. Depending on the jurisdiction, the courts may order an attempt at mediation before the case will even be considered. Mediation is a series of formal discussions designed to settle the core conflicts of the dispute. Due to these factors, you may find that it can be many months before the lawsuit is actually filed and the case starts to proceed.
If you think you have a medical malpractice case, talk to a personal injury lawyer.