According to statistics, more than 1.5 million people suffer serious injury due to medical errors each year and a whopping 80 percent of these errors are completely foreseeable and preventable.
This leaves many people consulting with a medical malpractice attorney about a potential lawsuit to recover financial damages. While no amount of money can compensate you for the injuries you suffered at the hands of a medical professional, it can help you move forward and begin to rebuild your life.
If you are considering a medical malpractice lawsuit, you should probably seek the wise counsel of an attorney experienced in that specialized field.
Medical malpractice cases can be extensive and complex but holding negligent medical professionals accountable for their actions is critical. People are trained from a very early age to put their trust in medical professionals and when that trust is violated, the results can be devastating.
Here’s what you need to know about filing a medical malpractice claim before you take those steps.
What constitutes medical malpractice?
Medical malpractice occurs when any type of medical professional fails to meet the standard of care and you suffer injuries as a direct result of those actions.
While surgeons are most often accused of medical malpractice, other medical professionals can also be guilty. Specialists, family doctors, nursing staff, pharmacists, therapists, and many other medical professionals may also meet the standard for medical malpractice.
An Affidavit of Merit is required to make a medical malpractice claim
An Affidavit of Merit is basically a sworn statement by another medical professional who believes the standard of care you received did not meet the acceptable minimum standard for your specific situation.
This helps prevent frivolous lawsuits from being filed against medical professionals who have unintentionally angered a patient. An Affidavit of Merit is a statement by another medical professional that your claim is valid and has the merit necessary to warrant further investigation.
There is a statute of limitation
The statute of limitations varies by state but in Ohio it is 1 year from the date of injury. You must file a medical malpractice claim within 1 year in most cases, but some exceptions exist under certain circumstances.
Securing an Affidavit of Merit from another medical professional also takes time so you shouldn’t wait if you feel you have a valid claim. If you think you’ve been harmed by a medical professional, it is critical that you seek counsel from an experienced medical malpractice attorney immediately.
Medical malpractice claims are complex
Medical malpractice claims are complex and exist within an intricate system of laws that are set in place to protect both the patient and the medical provider. They take time and often settle out of court.
You must be prepared to prove that your injury was the result of more than just acceptable risk. There are 4 separate elements in any medical malpractice claim and an experienced medical malpractice attorney can guide you through them.
Partner with the best medical malpractice attorney today
If you feel you’ve been the victim of medical malpractice, speak to a skilled attorney today. You only have a limited time to file suit and each element of the case can move slowly.
You’ll also need to begin the arduous process of securing an Affidavit of Merit from another medical professional. Medical malpractice can be traumatic, extensive, and costly.
You need experienced professional fighting for your rights to help you successfully navigate the complex legal system and recover the damages you are rightfully due.
If you feel you’ve been the victim of medical malpractice, partner with the best medical malpractice attorney you can find today.
