Basics of Medical Malpractice: What I Should Know Before Filing a Claim

by melaniedfleury on August 23, 2013

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Basics of Medical Malpractice: What I Should Know Before Filing a Claim

You might be considering filing a medical malpractice lawsuit if you have been injured by the negligence of a doctor.  However, it is important to note that there are several guidelines that can help you determine whether or not medical malpractice actually occurred, and you will also need to carefully examine the actual impact that the doctor’s mistake will have on your long-term health.
Bottar Leone, New York attorneys, state that medical malpractice is a form of professional negligence that leads to more than 255,000 patient deaths every year (according to the National Institute of Health). In other words, if a medical professional did something wrong that only caused you to miss a couple of days of work, it is not going to be worthwhile to move forward with a lawsuit. On the other hand, if you are now dealing with a life-altering injury, you should definitely consider taking legal action. What do I Need to File a Medical Malpractice Lawsuit?

1. Knowledge of Your State’s Statute of Limitations - Every state imposes a different statute of limitations that restricts the time period during which you can file a medical malpractice lawsuit. If this time period passes, you will not be able to move forward, regardless of the severity of your medical issue.

2. Proof that the Doctor was Negligent - Proving negligence can be very difficult, so it is important to carefully gather all of your applicable evidence. It is also important to note that your doctor might not be held liable if they performed a risky procedure that you agreed to. On the other hand, if a medical professional missed a common diagnosis or left something inside of you after a surgery, you might have a good basis for a lawsuit.

3. A Medical Malpractice Attorney - Although you can file some lawsuits without the assistance of any attorney, it is imperative to have legal representation in order to move forward with a medical malpractice case. Therefore, you should look for a lawyer who has experience dealing with lawsuits that are similar to yours.

4. A Medical Expert Witness can Help Your Case - If you are dealing with a life-altering injury or medical condition that was caused by a health care provider, you should definitely consider having another doctor testify on your behalf. After all, having a medical expert witness on your side can make it easier to explain exactly what the other doctor did to you, and they can also provide some credibility for your entire case. Keep in mind that anyone can claim that their injuries will cause them life-long problems, but a medical expert witness can help convince a jury or judge that you are actually telling the truth.

Contacting a medical malpractice attorney will make it easier to quickly determine if you have a viable case. They will review all of the facts with you, and then they will make a recommendation based on their experience with similar lawsuits. It is important to note that frivolous cases are typically thrown out of the legal system. In other words, you will need to take steps to ensure that you can prove that you have suffered serious damages at the hands of a medical professional.


Melanie Fleury once dreamed of being a doctor, but now enjoys writing about medical and legal issues instead. She has learned that every case is unique and that a qualified attorney, like those at Bottar Leone, can help to determine if you should file a claim and get the compensation you deserve.

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Melanie Fleury is a freelance blogger who enjoys writing about the law.

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