Do You Have A Medical Malpractice Case?

When a doctor, or other medical professional, is negligent in performing medical duties and this results in harm to the patient, this is called medical malpractice.

Each state can have different medical malpractice laws and timelines for statutes of limitation. It is important that you consult with an attorney who is familiar with the medical malpractice laws in your state.

In order for a medical malpractice case to exist, there must be several of these factors present.

A doctor-patient relationship existed

First of all, you must show that this doctor was treating you for a medical condition and that a physician-patient relationship existed. This will show that you are not blaming some random doctor for an issue you are having, and that there is an established relationship.

Negligence occurred

You must show that there was either an instance or ongoing issue of negligence, proving that your doctor failed in some way – was careless or unreasonable – in treating or diagnosing your condition. It must be apparent that a competent doctor would have made better decisions in the same situation. Usually this means you will need a medical expert to testify and to discuss standards of treatment.

The negligence caused your injury

You must show that the doctor’s actions caused the harm you are describing. Patients are usually seeing a doctor because of an existing injury. So you must be able to demonstrate that it is more likely than not that the doctor’s actions lead to further injuries or caused your condition to be made worse, or even lead to a wrongful death.

The injuries caused by the doctor lead to specific damages

You cannot simply sue a doctor for malpractice for acting negligently; you must show that you suffered as a result of the doctor’s actions. You can show that you suffered mental harm, physical pain, financial losses relating to medical expenses, lost wages, or lost earning capacity.

Types Of Medical Malpractice

Some common types of medical malpractice are failure to diagnose, improper treatment, and failure to warn a patient of known risks.

Making A Medical Malpractice Case

The statute of limitations for these cases usually ranges from around 6 months to 2 years. You must make your case within this time frame. It would be best to consult a medical malpractice attorney to find out what the statute of limitations in your state is.

There are other issues you should discuss with your attorney as well. For instance, in some states you will have to notify the doctor before you actually file any paperwork regarding your case. Also, in some states it is a requirement that the patient submit the claim to a malpractice review panel as a first step. And many states limit damage awards in these cases. As you can see, medical malpractice cases are very complex, it is in your best interest to contact a medical malpractice attorney in your state as soon as the injury or incident occurs.

St. Louis Medical Malpractice Lawyers

If you have been the victim of medical negligence in Missouri or Illinois it is important to seek the help of an experienced St. Louis Medical Malpractice Lawyer. The attorneys at the Zevan and Davidson Law Firm have a proven track record of getting results even in the most complex medical malpractice cases.

Call us at (314) 588-7200 or contact us online.

photo credit: waelder11