When people go to the doctor, they expect to see a trained professional who is going to take care of their medical needs. While the vast majority of doctors are great people, highly trained, and are generous with their time, there are a few bad apples that might deliver poor care. If someone has been a victim of medical malpractice, there are a few steps that people need to follow.
Determine the Statute of Limitations with a Malpractice Lawyer
While most medical malpractice cases are similar to personal injury lawsuits, there are going to be a few differences. Medical malpractice cases often have a different statute of limitations.
This statute is going to vary from state to state. Therefore, people need to check and see whether or not the alleged incident is still able to be litigated under the statute of limitations.
Look for Expert Medical Witnesses
After someone has determined that the case is still allowed to be litigated under the statute of limitations, the next step is to work with a trained malpractice lawyer to see whether or not the case actually constitutes malpractice.
There are a few criteria that need to be met. The doctor must have had a duty to the patient who is filing the lawsuit. Then, the doctor must have deviated from what is deemed to be the appropriate standard of care.
Finally, this deviation must have resulted in damages. If these criteria are met, then there is probably a malpractice case present.
The Complexity of Medical are
When someone is thinking about filing a lawsuit against a doctor, there are a lot of moving parts. Medical care is incredibly complex. For this reason, people need to make sure they work with a qualified legal professional who can act as a guide.