If you have been injured or made ill by a doctor's negligence or malpractice, you may be thinking about filing a claim against them. Here is some information you should know about medical malpractice suits.
Know the Statute of Limitations
As someone who has been hurt due to the actions of a doctor, your time might be consumed by seeing new doctors or recovering from your injuries. However, it is critical that you are aware of the statute of limitations regarding medical malpractice. If you wait too long, you will not be able to file a claim against the doctor at all.
The statute of limitations varies from state to state, so you must be sure to find out how long you have left and file your claim accordingly. You can find out this information by consulting an attorney in your state.
Know Whether You Have a Case
It is normal for everyone to make mistakes at work; doctors are not perfect. You may think that a doctor handled your health irresponsibly, but you must be able to prove that another doctor would have acted differently and that they made a major error that resulted in pain and injury to you.
For instance, if you were supposed to have surgery to remove a kidney and the doctor removed the wrong one, you may have a medical malpractice case. If a doctor misdiagnosed a health condition and then realized that he was wrong, adjusting your treatment at that point, you may not. The only way to know whether you have a case that can be proved in court is to talk at length with a lawyer about what happened.
During that consultation, it is vital that you show medical records and whatever other proof you have about what happened to you.
Know There is a Cap for Financial Damages in Your State
You may think you can sue the doctor for a great deal of money, but realize that every case is different and it can be difficult to determine how much your financial settlement might be. For instance you might be awarded damages for the following:
- Lost income
- Past medical bills
- Future Medical bills
You could also be eligible for a financial reward for pain and suffering, but it is important to know that there is a cap for financial damages in each state. Your attorney will be able to provide guidance about what the limit is in your particular state and whether you might be eligible for the maximum reward.
Now that you've got some information that can help you to navigate the process more easily, talk to a few local medical malpractice lawyers like McLaughlin & Lauricella, P.C. to discover which attorney can best offer you the help you need.