Medical malpractice is negligence committed by a professional healthcare provider. That may mean a doctor, nurse, dentist, technician, hospital or hospital worker whose performance of duties departs from a standard of practice of those with similar training and experience which results in harm to a patient has committed medical malpractice.
In order to file a lawsuit against a physician or other healthcare provider, it is necessary to have a permanent, significant injury and be able to present evidence from a medical expert that malpractice was, in fact, committed.
Some states have passed laws capping damage awards, limiting attorney fees, and shortening the time period in which a plaintiff can bring a medical malpractice suit. Talk to an attorney if you think you have a medical malpractice claim. Tell the attorney exactly what happened to you from the first time you visited your doctor through your last contact with him or her.
Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.
In many states, the Statute of Limitations allows a lawsuit to be filed only within two years from the date that the malpractice occurred or the date when a person reasonably became aware that malpractice had occurred. For an infant, the Statute of Limitations could run two years from his or her 18th birthday. In State or County owned medical facility, there may be shorter time periods in which to bring a lawsuit. If there is concern that there may have been medical malpractice, it is most important that an attorney experienced in this legal specialty be contacted.