Things You May Not Have Known About Medical Malpractice

There are a lot of misconceptions about medical malpractice, and a lot of things that people think they know about it, that turn out to not be exactly true. Medical malpractice is a very complex area of law, but before you start guessing about what medical malpractice is and is not, here are some facts about malpractice cases.

Proving Malpractice

How do we even know when a doctor commits malpractice? Although a “bad medical result” is often the first sign, and a clue that maybe a visit to a malpractice attorney is in order, just having a bad medical result isn’t absolute proof that there was malpractice.

What matters is whether your doctor acted the way other doctors, in the same medical field, would have acted, in the same situation. That means that your doctor can make a mistake, and not be liable—but only if most other doctors in the same situation would have made the same mistake.

You also must prove that the malpractice actually caused your injuries or damages.

Who is Liable?

It’s not just doctors that can be sued for malpractice. Any medical professional, conducting any type of medical procedure, can be liable.

That could include nurses, physical therapists, occupational therapists, chiropractors, or acupuncturists. It can also include dentists (technically called dental malpractice cases). It’s not the “m.d.” after the practitioner’s name that matters—it’s whether there is a medical procedure being done that matters.

How Much Time Do You Have to FIle Suit?

You only have three years to file a malpractice case. That seems like a lot of time. But remember that in a malpractice case, your attorney will likely need to get your medical records, and hire an expert doctor to review them, before filing your lawsuit. That means that you’ll have to get to your malpractice attorney, with time to space before the expiration of that three year limitation.

In some cases, if you discover you were a victim of malpractice late, and you had no way of knowing beforehand or earlier that you were a victim of malpractice, that time deadline can be extended. The deadline can also be extended when minors are victims of malpractice.

Other Types of Malpractice

Certainly, botching medical procedures, or failing to diagnose conditions, or ignoring signs and symptoms, are all hallmarks of a malpractice case.

But there are other ways that doctors and medical professionals commit malpractice.

They may fail to properly and correctly communicate your condition to other doctors that are treating you. They may mix up prescriptions, or prescribe improper or dangerous medicines to you. They may confuse your test results with another patient’s results. They may fail to refer you to another physician in another specialty, who may be better suited for your conditions.

We can help you understand your malpractice case, and figure out who may be liable for your injuries. Let us protect your rights after an accident.  Call the Boston personal injury lawyers at The Law Office of Joseph Linnehan, Jr. today for help with your case at 617-275-4200.

Source:

ncbi.nlm.nih.gov/pmc/articles/PMC2628513/