Filing a medical malpractice lawsuit is not an easy decision for a victim. They may have lost a loved one or suffered an injury. However, an injury lawyer can help a client wade through the legal maze. They will know what the patient's rights are and how to defend them. He or she can also help decide who is liable and if it is one person or multiple people. The lawyer's job is to make sure the victim receives the compensation they deserve.
Medical Malpractice Defined
Medical malpractice, or medical negligence, occurs when a medical caregiver makes a mistake or is negligent. When that mistake results in an injury or death, the caregiver is liable for damages. However there are a couple of things to consider. First, the mistake must be outside of the normal governing standard of care. Secondly, it differs from the risk that would normally be associated with a procedure. That kind of risk cannot be avoided and is not the fault of the caregiver.
Types of Claims
An injury lawyer might advise a client to file a medical malpractice lawsuit for a number of things. For example, a misdiagnosis that results in the wrong treatment or a medication error can lead to a case. However, first responders, such as firefighters, are generally protected from lawsuits. Emergency room personnel are also difficult to sue. They are not protected, but the frenzied nature of the setting makes proving that the personnel did not act properly very difficult.
Expertise
In order to pursue a medical malpractice lawsuit a victim must have an expert who is willing to swear that there was a mistake. The expert must be someone in the same field. They must also be willing to sign an affidavit. However, there are exceptions to this rule. For example, if a foreign object is accidentally left in the body. Also, treating the wrong patient or the wrong body part will negate the need for an affidavit.
Statute of Limitations
The statue of limitations might be the biggest risk to a patient's rights. In Nevada, the statue of limitations is one year from the point of discovery or when it should have been discovered. This was changed in 2004, and many people let this date pass without realizing it. For this reason, it is important to contact an injury lawyer right away. The lawyer can also advise the victim of certain loopholes that exist.
Liability
Liability is also a factor when filing a medical malpractice lawsuit. Different people may be responsible for different amounts. An injury lawyer can help sort this out. For example, comparative negligence means that a victim's own negligence must be less than the combined fault of all the other defendants. If it's not, the lawyer will advise against pursuing the case. The lawyer might also advise the client to file against other defendants, such as the hospital.
Sometimes the only way to protect a patient's rights is with a medical malpractice lawsuit. An injury lawyer can play an important role in making this decision. He or she will know when a case can be pursued. The lawyer will also understand all of the legal matters such as the statute of limitation and liability. With a lawyer involved, the victim is more likely to receive the compensation they deserve.
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