Get Answers to the Question When Must I File Suit in Medical Malpractice?

by | Apr 15, 2015 | Lawyers

Medical malpractice occurs when a medical professional does not provide the proper level of care for a patient, causing injuries and damages. Though these cases are sometimes difficult to deal with, hiring a lawyer can make a big difference. Many people ask When must I file suit in Medical Malpractice. The answer to this question is different in every state. Though there is a statute of limitations, it is best-injured victims begin filing a case as soon as possible before vital evidence is lost.

There are a few different areas a lawyer will need to prove on behalf of his client. The first aspect of the proof is typically the easiest. The lawyer will need to prove a doctor/patient relationship existed. This is fairly easy to substantiate since medical records and bills will prove a patient was receiving care from the doctor. Proving this relationship is typically one of the only areas of a case that is not disputed.

The lawyer will also need to prove the doctor acted outside of normal care practices. This means no other doctor would have performed care in such a manner. This is a little bit trickier to prove, but can be done through medical professional testimony. This is the most important aspect of proof in a case and is often one of the major focuses of a lawyer. Through fact-finding and discovery, the lawyer can gather the evidence needed to prove the doctor is liable for the injuries and damages caused.

It is not enough for a lawyer to prove liability; he must also prove the care provided by the doctor caused his client measurable damages. Measurable damages include medical bills, lost wages and lost wage earning potential. Other aspects that may be considered in compensation include pain and suffering and punitive damages.

If you are wondering When must I file suit in Medical Malpractice, the answer is as soon as possible. For more information on medical malpractice cases and how a lawyer can help, visit They can provide the legal services people need so they can receive the fair compensation they deserve.

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