When it comes to medical malpractice suits, there are five facts that everybody ought to know.
1. Even though we normally think of doctors and hospitals when we think about medical malpractice, all health care providers can commit malpractice. You can be injured by nurses, therapists, staff members, lab personnel, etc., and it is still considered medical malpractice. Each and every health care provider has a duty to act in a reasonable manner the same way as a reasonably prudent health care provider would act in the same situation. Failure to act in a reasonable manner may be malpractice.
2. Every state has statute of limitations laws which say how much time you have to file a medical malpractice suit. If you miss the filing deadline, you will lose your case. Therefore, even if you suspect that you have been hurt by malpractice, but do not know for sure, go see a lawyer. Do not take a chance on missing the statute of limitations.
3. Medical malpractice suits are expensive. In virtually every malpractice case, expert witnesses are needed to either prove or disprove that a health care provider committed malpractice. Also, experts are needed to prove how much future medical care will cost and how much economic damage a person has suffered by not being able to work in the future or by being forced to change a career due to malpractice injuries. And, of course, expert witnesses charge large fees and often require travel reimbursement because the experts are generally from out of town.
4. The wheels of justice move very slowly. Most civil litigation cases take years to resolve. Because malpractice cases are more complex that most civil cases, they will take longer to resolve.
5. Unfortunately, there is not a legal remedy for every wrong. A health care provider may have clearly done something wrong, but, if you were not injured, there is not malpractice and there is not a legal case. Even if you were injured, unless your injuries are major, you may not find a lawyer to handle your case. As I mentioned, malpractice cases are expensive to pursue. Because most malpractice lawyers will handle cases on a contingency fee basis (they do not get paid unless they recover money damages for you) and advance the cost of litigation, they will not handle a malpractice case unless the case is major.
This is general information only. If you have any questions whatsoever, talk with a lawyer licensed in your state.
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In virtually every malpractice case, expert witnesses are needed to either prove or disprove that a health care provider committed malpractice.
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