Medical
Malpractice is a term that defines a potential cause of action based on
the treatment, lack of treatment, or a deviation from accepted standards
of medical care or safety by a health cares provider that causes harm to
a patient. Medical malpractice
can be anything from a missed diagnosis and improper treatment to a procedure
that brings about the death of a patient.
The harm caused by the act is the basis for the suit.
The basic elements that must be shown in most cases of medical malpractice
are 1) the health care provider owed a duty to the patient; 2) the health
care provider breached that duty; 3) the patient suffered an injury; and
4) the patient’s injury was a proximate cause of the health care provider’s
breach.
The
medical malpractice case starts with the person harmed usually getting a
bad result from a medical procedure.
Not all bed results are actionable but this is usually the first
step. The claimant then should
seek the advice of an attorney that will analyze the case history and make
a predetermination. Should
the attorney determine the possible existence of a cause of action, the
attorney will most likely order a medical review.
The medical review will determine if the health care provider acted
in error or failed to act within the standard of care, as discussed above.
If medical malpractice is found, the attorney must analyze the legal
issues to ensure that the case has legal merit.
Should all these factors be positive, the attorney will accept the
case and advocate for the injured patient.
Medical
malpractice cases are not easily resolved and will take a long time to resolve.
Though the medical malpractice process may take a long time, the
right to bring a cause of action has a time limit.
The statute of limitations for this cause of action is generally
two years from the date the injury/claim accrued.
To further complicate the timelines, expert and legal analysis must
be done prior to filing a lawsuit so the work must be done in advance of
the two year limit. Additionally,
when the defendant is a governmental entity there may be additional notice
requirements. The entity must
be put on notice far in advance of the two year requirement or the suit
will be dismissed. As with most legal cases, time is of the essence.
Medical Malpractice
is not an easily understood area of the law.
Should you think that you have a claim you should act quickly to
ensure that you are not foreclosed on asserting your claim.
Seek legal counsel as soon as humanly possible and determine if you
have a valid claim. The clock
is ticking.
