Medical malpractice happens when a patient is harmed by a medical professional as a result of incompetence. Rules for filing medical malpractice claims vary in each state; however, some general legal guidelines can be applied for victims of these types of cases.
Tucker, Nong and Associates provides legal representation for individuals who have been affected by medical malpractice in Virginia, Maryland and Washington DC. Our qualified personal injury lawyers understand the specific laws for your area and know exactly how to pursue your case, always ensuring the best possible outcome. Tucker, Nong and Associates can represent you in any type of medical malpractice lawsuit. For more information on a specific type of case, please visit:
- Medical Malpractice in Hospitals
- Doctor Errors
- Medical Malpractice During Emergencies
- Surgical Errors
- Nursing Errors
- Early Discharge
Understanding Medical Malpractice
For victims of medical malpractice to file a claim, they must meet certain requirements. Firstly, patients will need to prove a doctor and patient relationship existed. This means that the patient hired a doctor, and the doctor agreed to be hired. The medical professional must have treated the patient directly. Additionally, patients will need to prove that their doctor’s treatment of the patient was negligent. This means the doctor’s care caused harm to the patient that could have been avoided within reason. Moreover, most states will require a medical expert in the field to advise the court on what treatment the patient should have received and how most doctors would have treated the patient. Furthermore, the physician’s negligence must have caused harm that led to specific damages to the patient’s health in order to file a claim against a doctor. Injuries may include both physical and mental pain, additional medical bills, lost wages and even a lost earning capacity.
Common Types of Medical Malpractice
There a many types of medical malpractice claims filed annually. One common type of medical malpractice is when a doctor or medical professional fails to diagnose their patient. This is usually when a doctor doesn’t diagnose a person with an illness when most doctors would have done so, and if they had, the patient wouldn’t have suffered injury or harm.
Another common claim is when a medical professional applies improper treatment to their patient. In these types of cases, the patient will need to prove that most doctors would have applied the correct treatment in order to file a claim. Furthermore, if a medical professional fails to warn their patient of known risks from a procedure or treatment, then the patient may usually file a claim against the doctor. This process, known as the duty of informed consent, is required of all doctors.
Medical professionals must properly inform their patients of all possible risks related to any medical procedure or treatment. If the doctor fails to inform their patient correctly, the victim may be eligible to file a claim for the procedure provided that it causes harm or injury to the patient.
There are certain special rules that apply to cases dealing with medical malpractice; for example, cases must be brought soon after an injury has occurred. Many states have time constraints or a statute of limitation for medical malpractice cases, which is usually between six months to two years. This means a patient must present the case within this time period to be eligible for compensation.
Some states may also require patients to submit their claim to a malpractice review panel first before their case reaches a court. This panel will decide whether medical malpractice did in fact occur. This panel may also throw out a case before it ever reaches court.
Several states require that patients give doctors notices of a malpractice case before filing. Most cases that make it to court will require expert testimony usually by someone who has experience in the field. Finally, there may also be a cap on the amount of compensation a victim can receive depending on the patient’s home state.
How we can help you
Medical malpractice law has a complex set of rules, and it’s best to consult with a qualified attorney. Tucker, Nong and Associates offers the best and most affordable legal representation for medical malpractice available in Virginia, Maryland and Washington DC. If you or a loved one have been a victim of medical malpractice, call us immediately for a free evaluation of your case.