Statute of Limitations
Because medical malpractice claims are time-limited, it is important to contact an attorney to discuss your claim immediately. The law referred to as the statute of limitations requires that you file a lawsuit within a specified period of time depending on the nature of the claim and the entity that caused your injury. If you do not file suit within this time frame, you cannot file suit at all. Because you can completely waive your right to bring a lawsuit, it is important to consult an attorney as early as possible.
Prevailing in a Medical Malpractice Case
To prevail in a medical malpractice case, the injured party must prove:
- The health care provider breached standards of care by failing to act as would be expected of a reasonably competent practitioner in the same or similar circumstances.
- The health care provider’s breach of standards of care proximately caused injury or damage to the patient.
- To prevail in a medical malpractice case, both of the above elements must be proven. The failure to establish one of the elements will prevent the successful outcome of a medical malpractice suit.
Proving a Medical Malpractice Case
To establish that medical malpractice has occurred the injured party must present expert testimony to verify the claims of negligence and damages. Generally, law firms that concentrate their practice in medical malpractice have the expertise to locate expert witnesses with the qualifications and court presence necessary to maximize recovery.
