What Must Be Proved in A Medical Malpractice Lawsuit?


A person suing for medical malpractice will have to prove that a doctor failed to meet a professional standard and caused actual damages. A medical malpractice lawsuit can sue to look for recovery of medical bills incurred, loss of income, loss of earning capacity, mental stress, and pain or suffering.
Usually, in medical malpractice cases, both sides of the lawsuit will present testimony to see if the standard of care has been met. The patient must show that it is more likely than not that the doctor's failure to meet the standard of care caused the harm. Every state has different rules and procedures for bringing medical malpractice claims, but in general, they must be brought quickly. The statute of limitations may be between six months and two years.
In some cases, the patient may need to submit the claim to a panel of experts who decide whether malpractice has actually happened. A failure to follow those procedures can result in the dismissal of a plaintiff's claim. A plaintiff or doctor may present the panel's findings to the court during the medical malpractice lawsuit. This is not a lawsuit, but a pre-suit panel's finding that there was no medical malpractice can affect the court's decision about continuing with the case.
The outcome of most medical malpractice lawsuits turns on an expert's testimony. If a plaintiff proves his or her case, his or her ability to recover may be limited by a state cap on medical malpractice damages. The cap usually caps noneconomic damages, rather than economic damages. This means that a plaintiff can recover all of his or her medical bills and lost income, but he or she cannot recover more than a certain sum with regard to loss of enjoyment, loss of consortium, or pain and suffering. However, some states have enacted an umbrella cap on medical malpractice damages overall.
If you have been injured and need help understanding your options, contact Davy Yockey Today!

Comments

Post a Comment

Popular posts from this blog

Assault Basics

When people hear the term “assault” they usually think of the crime. However, assault can also be a civil action. In a civil case, an assault refers to an attempt or threat of violence – not necessarily actual violence itself. If someone is assaulted they can sue to recover monetary damages.
Read more

Pursuing a Legal Claim for Brain Injuries

If you or a loved one has suffered a brain injury as a result of an accident, and you believe that someone else may be at fault for what happened, you may be entitled to a legal remedy for the harm. Consulting an experienced personal injury attorney is the best way to protect your legal rights. Should you decide to pursue a legal claim, your attorney may proceed under two distinct legal theories in order to prove that you were injure d because of someone else's carelessness. Under a "negligence" theory of liability, your attorney will seek to prove that someone owed you a legal duty of reasonable care, failed to fulfill that duty, and caused you to suffer injury as a result. A negligence theory of liability is used most often when someone's action or inaction was the main cause the injury, as opposed to a product or piece of equipment. If a product caused the injury, you may wish to purse a claim under a product liability legal theory. I...
Read more