What do you need to know about medical malpractice? There are a few facts that you should be aware of before you decide to file a case against a medical provider.
How is medical malpractice defined?
Medical malpractice is when a doctor’s standard of care doesn’t meet with the standard of care that is expected. For example, if a doctor should have known to put a bandage on a seeping wound but instead allowed it to get infected without any coverings, then it might be argued that he or she was not treating the patient to an acceptable standard of care.
How can you prove medical negligence?
It’s possible to prove medical negligence if you can show that the provider made a mistake. Not all bad outcomes are a sign of negligence, but if a physician admits to a mistake or someone else informs you of it, then there’s a chance you can make a claim.
There’s a chance that a medical provider would admit a mistake in the hopes that saying sorry will prevent litigation. However, if you’re badly hurt or disabled, that won’t make up for the damage that has been done.
Is there a statute of limitations on medical malpractice claims?
Yes. They vary from state to state, but many are around two years in length. For medical malpractice causes of actions, a two-year statute is in place in Florida. That amount of time can be lengthened slightly if a patient doesn’t know about an error or if an injury doesn’t show up until later, but generally speaking, two years is the time limit in any case.
Source: Forbes, “10 Things You Want To Know About Medical Malpractice,” accessed Feb. 04, 2016