There are many intricate aspects of law, especially in cases related to medical malpractice that the average person simply wouldn’t be aware of. Most lawyers even have trouble understanding all of the various facets involved in the common malpractice lawsuit, so unless you have been involved in one yourself, you probably have no idea what they entail.
If you feel like you may have been wronged by a healthcare provider, there are a few things that everyone should understand relating to medical malpractice cases.
Medical malpractice cases can be filed against just about anyone who works in the healthcare field. It does not have to be the physician or hospital. Anyone who cared for you in a negligent manner can be brought to justice. There are many people at medical facilities that must all work together to see that you get the proper care in a timely manner. This includes nurses, therapists, administrative staff, lab workers, and many more. Patients go to medical facilities to get treated with respect and to get well. The employees of that facility are required by law to provide patients who can pay for the services with a level of care prescribed by law.
If the patient does not receive adequate care and is at risk or suffers adverse consequences as a result, they have grounds to file a medical malpractice lawsuit against any and all parties responsible for the breach of the standard of care.
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Although it differs from state to state, there is a limit as to how long after you received the negligent care before you file your medical malpractice lawsuit. You might have heard of this referred to as the statute of limitations. If you don’t file your lawsuit within the prescribed time limit, you will lose your right to do so in the future and you can never pursue it legally.
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So if you even the slightest suspicion that the care you received was negligent in any way and that it could cause injury to you in the future, you should hire a medical malpractice attorney that can file a suit and preserve your right to pursue claims against the care provider in the future. If your medical malpractice attorney fails to conduct his due diligence and doesn’t file the necessary claims to preserve your right to pursue a legal case against the medical provider, you then have the right to pursue a legal malpractice case against the negligent attorney.
Medical malpractice cases vary greatly from case to case and many move slower than normal through the judicial system and can be quite expensive. For these reasons, it is best to first consult with a medical malpractice attorney to determine whether or not the case is legitimate enough to pursue in court.