Medical Malpractice

When we go to the doctor, we are trusting that they will use their knowledge and years of experience practicing medicine to correctly diagnose and treat a medical condition. But even the best doctors are only human and they do make mistakes, mistakes which could seriously harm a patient or even cost them their life.

What Is Medical Malpractice?

According to the National Center for Biotechnology Information, medical malpractice occurs when a medical professional:

1. Owes a professional duty to the patient
2. Committed a breach of that duty
3. Caused an injury to the patient because of the breach
4. The injury resulted in damages

But what does all of that mean, really? Basically, whenever a patient seeks help from a medical professional, that medical professional as a duty to provide them with the accepted standard of care, which means they must treat them the way that is accepted in general by the medical community. If they fail to do so and the patient suffers as a result, they may be named in a medical malpractice lawsuit.

Common Forms Of Medical Malpractice

Common forms of medical malpractice include:

1. Misdiagnosis: When a patient presents with an illness, doctors use their symptoms to determine which tests should be ordered. Often, many different illnesses can have the same symptoms and all physicians should be aware of this, however, patients are frequently misdiagnosed and told they have a medical condition that they don’t.
2. Birth Injury: It’s no secret that labor and delivery can be a difficult and dangerous time for both mother and child. Doctors, nurses, and all other medical professionals need to be fully focused on all aspects of the situation because one small mistake can cost an otherwise healthy newborn their future.
3. Surgical Mistakes: Without surgery, many patients simply wouldn’t survive. However, surgeons need to be precise, otherwise, they may end up doing more harm than good.
4. Prescription Errors: Medications must be the correct dosage and both doctors and pharmacists must check to make sure a patient isn’t on a drug that may react poorly with a new medication.
5. Anesthesia Errors: Anesthesiologists don’t just put people under for surgeries – they also perform procedures like epidurals. If a mistake is made, a patient’s life can literally be in danger.

The bottom line is that when medical malpractice occurs, the patient who is harmed has the right to pursue legal action.

Why Should A Patient File A Med Mal Lawsuit?

Lawsuits can provide a plaintiff with the financial relief they desperately need. Compensation may cover post past and future:

• Lost Earnings
• Medical Bills
• Physical Suffering
• Emotional Trauma

In the event that the patient dies as a result of the medical malpractice, compensation may also cover:

• Lost Inheritance
• Funeral & Bural Expenses

How Long Does A Plaintiff Have To File A Lawsuit?

The statute of limitations, which is the amount of time that a plaintiff has to file a legal complaint against the party whose negligence hurt them. The statute of limitations depends on the state. For medical malpractice, the statute of limitations is as follows:

New York

In New York, anyone hurt by medical malpractice has two years and six months to file their lawsuit. However, if the malpractice involves ongoing treatment, that time period starts on the day of the final treatment. In situations where a patient discovers that a foreign body has been left inside a patient, the patient has one year after the discovery of this foreign body to file their complaint.

New Jersey

In New Jersey, patients have two years to file their medical malpractice lawsuit. However, if the patient doesn’t discover that malpractice occurred for an extended period of time, the statute of limitations won’t begin until the issues have been or should have been discovered.

Pennsylvania

In Pennsylvania, patients have two years to file their legal complaint, however, the clock starts when the patient discovers that medical malpractice occurs.

Delaware

According to Title 18 Delaware Code section 6856, victims of medical malpractice have two years to file their medical malpractice lawsuit. Like many other states, the statute of limitations may begin on the date that a patient discovers that the malpractice took place.

If the legal paperwork isn’t filed within the statute of limitations, the victim of medical malpractice may no longer be able to recover the compensation they are owed.

You Can Depend On Justice Guardians

Choosing an attorney is an important and personal decision that shouldn’t be rushed. When you work with Justice Guardians, you can be sure that we will treat you with the compassion that you deserve, that we will answer all of your questions, and that we will do everything in our power to ensure that you recover the maximum compensation possible.

Call our law firm now to learn more.

Additional Resources

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