Filing for a medical malpractice case is not easy. Some processes would need an expert witness when it comes to causation and legal issues. While laws vary among states, there are standard procedures that are common in most states. To know what you have to do, here are some tips from the best medical malpractice lawyer.
Understanding “Medical Malpractice”
The term refers to treatments that are received, which fall below the standard of medical care that results to harm. If a medical professional makes a harmless mistake, and the patient is not endangered, it cannot be considered malpractice.
To establish a case properly, the standard of medical care provided to you should be backed by a statement from an expert witness on your side. The doctor should be proven to have the same experience in the same field as the doctor who treated you prior. This expert should be able to identify the right treatment you should have received, how the other doctor fell short to meet this standard, and the extent of the injury caused by mistake.
“Affidavit of Merit”
This affidavit is required to be submitted by most states when you are starting a medical malpractice case. It should be signed under oath by an expert, usually doctors. The requirement for filing this varies per state, but most of them will ask you to recount the treatment scenario to determine what the standard of care should be and how it was not met. The affidavit can also be as simple as a statement of an expert saying they have reviewed the case and that they believe your case has enough merit to warrant a medical malpractice lawsuit.
To know if you need this affidavit, you can consult a medical malpractice lawyer and ask what other documents you might need.
Examples of Malpractice Cases
Aside from establishing a health care standard that should have been followed, several occurrences can also be considered medical malpractice. If the doctor was not able to accurately determine the amount of anesthesia you need, you could file for a lawsuit. Other examples include an error in monitoring the heartbeat of a child during birth, forgetting to count the instruments used post-surgery, and harming a patient because of improper transport technique.
If you are planning to file a medical malpractice case, it may be wise to consult a medical malpractice lawyer who specializes in it. They will be able to give you the right answers based on years of experience.Add paragraph text here.
