Several aspects are related to medical malpractice and victims of such should be knowledgeable about it. Roughly 1% of hospital cases result to injuries due to hospital negligence; 25% of these cases result to death due to complications.
All details herein provided are for informational purposes only, contact experienced Valparaiso injury attorneys for additional details.
Hospital negligence refers to circumstances where a doctor or a healthcare professional does not provide quality healthcare; the burden of proof lies on the plaintiff. A lawsuit on medical malpractice aims to compensate the victims for the hospital costs, current costs for doctor consultations and medicines, emotional damage, psychological damage and lost income due to the injury caused my negligence.
A medical malpractice is deemed valid when the following instances are present:
- The doctor or hospital (or any medical facility) is legally required to offer medical services to a patient.
- The doctor or hospital failed to give the medical service to the patient at a satisfactory standard. To attest for this claim, injury must have occurred or a testimony by an expert should be given. The breach of duty should be proven as the cause of the patient’s injury.
- The injury should have resulted to damages on the injured party. The damages can be financial, emotional and/or physical.
There is a prescribed time limit when filing a lawsuit for medical malpractice after an injury. The statue of limitations is different in each state. If a victim feels that he or she was a victim of medical practice resulting to injury, immediately contact a lawyer who specializes in medical malpractice. The civil code comprises the statue of limitations; criminal charges in the case of medical malpractice are only considered if an injury results from “reckless and wanton conduct” by the doctor or hospital.
This statute of limitations is usually part of a state’s civil code, since criminal charges in malpractice cases are only filed when injuries result from “reckless and wanton conduct” on the part of a health care provider.
The information in this article is provided by Kenneth J. Allen and Associates, which provides legal services in the field of Personal Injury and Medical Malpractice. This article is not intended nor should be considered legal advice.