Understanding When To File a Medical Malpractice Claim

Medical Malpractice Lawyer

Going to the doctor should never end in more devastation. You go to the doctor because you trust his or her medical advice. As a medical malpractice lawyer in Kansas City, MO from a firm like Royce Injury Attorneys LLC can explain, if you suffered damages due to your doctor, you may have a medical malpractice claim.

Requirements for Medical Malpractice

How do you know if you have a medical malpractice case? The first stipulation is that you must have a doctor-patient relationship with the other party. For example, you cannot file a claim against an acquaintance that happens to be a doctor, regardless of whether he or she gave you bad medical advice. The only doctor you can file a lawsuit against is one that was treating you.

Next, the doctor had to act negligently. A common misconception is that if a person is unhappy with his or her treatment, then a lawsuit can be filed. When it comes to medicine, doctors cannot always guarantee a result. If a doctor is careful and uses his or her best judgment to treat you, you do not have a medical malpractice case. Negligence occurs when a doctor acts incompetently and not in a way that most doctors would.

The doctor’s actions also have to lead to damages. If your doctor practices medicine below standards and his or her actions could have hurt you, but you never suffered any damages, then you cannot file a lawsuit. Specific damages may include physical pain, medical bills, lost work or mental anguish.

Types of Medical Malpractice

There are a variety of situations that may be considered malpractice. The most common types of medical malpractice include:

  • Improper treatment
  • Failure to diagnose
  • Failure to warn patient

If you want to file a claim for medical malpractice, you should bring the lawsuit as soon as possible. Many states will only allow you between six months and two years to file a claim. If you wait too long, your claim may no longer be valid.

Evidence of Medical Malpractice

Most states require a review panel to hear arguments, to review expert testimony and evidence. To ensure that you have adequate evidence, you should consult with a medical malpractice lawyer. Bring your attorney your medical bills and any evidence of the injuries that you suffered. Your lawyer can help you locate an expert witness to argue your case.

When you visit your doctor, you expect that he or she will care for you. To suffer worse damages at the hands of your doctor can be devastating. Given how difficult medical malpractice cases are to argue, you should consult with a medical malpractice lawyer as soon as possible.

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