Medical malpractice is a condition where doctors or any other medical caregivers make a mistake in diagnosing the problem or even while prescribing a medication for an ailment. It can also be considered as making mistakes while suggesting the dosage of any medicine, mistakes during a surgery or even can be a situation where a medical caregiver behaves recklessly while treating a patient.
Hospital malpractice can become a catastrophe as there will be no turning back and might result in causing some permanent damage to the normal working system of a person’s body. When you or any of your loved ones suffer from such experiences in their life, it is necessary that you take necessary steps to get them the justice that they deserve, by filing a case of medical malpractice.
Laws of Medical Malpractice
When you file for a case of medical malpractice, you are required to prove some factors such as,
- The actual and legal care and duty of a medical practitioner and how that person did not abide by the duty.
- The cause and severity of the injury caused by the medical practitioner on the patient.
Once you have assembled all the required elements for your case, you can proceed with filing a case of medical malpractice against the said medical practitioner. You can file a case on the medical practitioners belonging to different fields such as psychologists, nurses, chiropractors, laboratories, podiatrists, anesthesiologists, physical therapists, clinics, hospitals and pharmacists.
Possible Compensation for the Case of Medical Malpractice
When you file a case against any medical practitioner belonging to different medical field, you will require being thorough about your case. After following the procedures of thorough investigation of the case that you have filed, the judgment will be decided based on the severity of the effect of the medical negligence on you or your dear ones.
You will be provided with a compensation based on calculating the lost wages, overall medical bills, emotional damages caused by the negligence, pain and suffering as experienced by the patient and their family and on the consortium loss, in the case of medical malpractice.
Statute of Limitations for Filing a Medical Malpractice Case
Most of the times, the person undergoing through the medical care might not notice that there has been a medical malpractice happened in their health care. They might discover it later, when the results of malpractice started showing in their after-health. However, the patients cannot apply for a medical malpractice case, as soon as they discover the problem in their health, as there is some statute of limitations when it comes to filing a case.
The statute of limitations might be the situation wherein the medical malpractice might have happened more than 2 years, or might be discovered two years later.
Hiring Legal Help
If you discover that there is a mistake in the medical file, which happened during your recent hospital healthcare, then you can always file for a medical malpractice with the help of a personal injury attorney. They will help you follow the right procedures during the case, and also with claiming the right compensation for your injuries and future healthcare.