Medical malpractice suits are on the rise, many people who file this type of lawsuit do so because they feel that the standard of medical care warrants a disciplinary action. Malpractice is not just limited to hospital stays or surgeries; they can be dental malpractice or even legal malpractice. Most of the lawsuits filed for malpractice are medical because our health and well being is placed in other people’s hands.
There is a statute of limitations on filing a medical malpractice lawsuit; some medical issues do not arise until months or maybe even years after a medical procedure. Medical issues with children may not manifest until they are older, this allows parents to file a malpractice lawsuit years after the initial procedure occurred.
In order to make sure that you have a case for medical malpractice you should obtain all of the medical records you can. There are laws that allow you to view your own medical records so if a person has died due to medical negligence the next of kin is allowed to obtain the medical records. Many attorneys who file a lawsuit that is leveled against a doctor or hospital can seize the medical records in a subpoena.
If you are not sure who to seek as counsel for this type of lawsuit you can always call the ABA, (American Bar Association) and ask them who is recommended by the state for such cases. If you know of a friend who had to file a medical malpractice lawsuit you can use their attorney if you feel comfortable after the initial meeting.
There are people who file frivolous or thoughtless lawsuits such as being over billed or lawsuits regarding too many medical procedures. These types of lawsuits are often thrown out because unless there is medical harm a malpractice lawsuit has no merit.
People who sign waivers before a procedure often think that this little piece of paper excludes doctors or medical staff from any negligence should it occur. This is not true, a lawsuit can be filed in medical negligence occurs and causes harm or death.
Many attorneys who work on personal injuries cases are often referred to medical malpractice lawsuits because they have experience with medical procedures and their expected outcome. Search for an attorney who has medical staff on board with them so you know that your case will be reviewed by medical professionals and not just attorneys and Paralegals without this type of special training.
If you do decide to file a medical malpractice lawsuit the fees that will be collected are done on a contingency basis meaning that the money won will be split on a percentage. Although no amount of money can reverse the damage done many people use the money to help pay for continuing medical care or set up a trust fund for the surviving members.
Medical malpractice lawsuits arise because of a legal obligation of health care professional to provide care for their patients. When the procedures are not followed and a medical problem arises patients have the right to hold their doctor accountable.