Medical Malpractice: Particular Factors Required to Present a Case 

Medical malpractice happens when a person is hurt or injured by his or her doctor.  When a doctor is said to have performed negligently, this doctor has failed to perform up to medical standard. There are many factors that must be taken into consideration when filing a claim against a doctor. Simply being unsatisfied with the outcome of a medical procedure is not sufficient to bring a claim forward.  The following information contained in this article will present some of the most common forms of medical malpractice as well as what special requirements are needed to present a case.

Common Types of Medical Malpractice

There are many situations that can lead to a victim being injured during a medical procedure. The basis of these injuries is what gives a medical malpractice claim its validity. When a patient suffers an injury, whether it is the failure to remove a medical instrument from the victim’s body during operation or the failure to prescribe the incorrect drug, most claims will fall under the following categories:

1. Failure to diagnose an ailment
   1. In the event that a competent medical practitioner would have made the discovery of his or her patient’s illness or would have made a completely different medical diagnosis, the victim can have a valid reason to conduct a medical malpractice claim.
2. Inappropriate medical treatment
   1. Each doctor has his or her belief, based on the extensive medical training he or she has accrued, on what is the best form of treatment for each specific patient. If a medical practitioner has chosen to treat his or her patient in a manner that no other knowledgeable and experienced doctor would, then the patient has the ability to pursue a medical malpractice claim. Similarly, patients have the ability to pursue a medical malpractice claim in the event that they have received the proper treatment but had this treatment administered incompetently.
3. A failure to inform the patient of a known risk
   1. Medical practitioners have an obligation to warn their patients of identified risks of a medical procedure or the course of a treatment. This obligation is known as The Duty of Informed Consent. If a person who has not been informed of the potential risks of the medical treatment he or she is undergoing and would have otherwise chosen not to undergo the medical procedure had he or she known of the risks, this person may have a good standing to pursue a medical malpractice claim if this person was injured during the course of the treatment.

Specific Requirements Needed in Medical Malpractice Claims

Every state has its own specific rules and regulations when it comes to medical malpractice claims. A patient who is looking to file a lawsuit against a medical practitioner for medical malpractice must abide by these laws. It is important to mention that medical malpractice laws are complex and often difficult to understand without experience and understanding. In the event that a medical malpractice lawsuit is necessary, victims should contact an experienced attorney who can guide them through the process. An expert attorney will have an in-depth understanding of the local laws that apply to the claim. With a qualified expert attorney, a victim will be giving his or her claim the best possibility at a successful claim.

The following are some the specific requirements that are needed in a medical malpractice claim.

1. Medical malpractice claims have to be presented shortly after the injury has taken place
   1. Every medical malpractice claim will need to abide by the statute of limitations applicable to the jurisdiction. Statute of limitations refers to the period of time in which a lawsuit must be presented after the incident occurred. The period of time in which a person has to present the case is highly important, or the person risks the case to be dismissed regardless of the facts of the case.
2. Submit the claim for a review
   1. Many jurisdictions require the victim first present the claim to a malpractice assessment panel. The distinguished board members will hear the arguments of the case, review any evidence, and finally decide if malpractice has in fact occurred.
3. Giving the appropriate notice
   1. Certain states require individuals to give the medical practitioner a notice of the claim before the claim has been filed.

The Bottom Line

Medical malpractice has many rules and regulations that are complex and highly regulated. These rules and regulations can vary from state to state; therefore, it is imperative that patients who seek to file a claim speak to a qualified and expert attorney.

Personal injury attorney Richard Rhode is highly qualified in the field of medical malpractice claims. If you or a loved one was hurt due to the negligence of a medical practitioner, it is important to know that the consequences of such can be life-long. Attorney Richard R. Rohde, of Rohde Law Office, APC has the knowledge and experience to vigorously champion for his client’s rights.