Medical malpractice is when a medical professional fails to provide a level of medical care in the community. This may lead to serious injury or death for the patient. Medical malpractice claims can be complex. Every state has rules and procedures that apply to medical malpractice claims. Below is a list of requirements and details you should know if you have been seriously injured in a medical malpractice case. If you need additional information, consider contacting an experienced injury lawyer in St. Catharines.
If you are filing a medical malpractice claim against a healthcare provider, be sure that all of your medical records are complete and up-to-date. You need these records so that any expert witnesses who testify at trial can review them before giving their opinion on your case. In addition, if there are gaps in your medical records — such as those created when doctors fail to record important information about their patients’ treatment — it may be difficult for the jury to understand how you were harmed by the doctor’s negligence, even if it seems evident to you and your family members.
Medical malpractice cases must be filed soon after an injury has occurred.
The statute of limitations is the period during which you have to bring your medical malpractice case. The statute of limitations varies from state to state and usually ranges from 1 to 3 years. If you do not file suit within this period, you cannot sue. You should consult with a lawyer to determine the statute of limitations in your state. You should also check with your state’s medical board to see if they have any requirements for filing a medical malpractice claim against a doctor. Some states require you to file with them first before you can file in court. You should also make sure that you file the claim against the correct person if multiple doctors are involved in treating you for your illness or injury.
Your lawyer must present evidence that the standard of care was breached and that the breach caused the injury. Expert testimony is required to establish this link.
Expert testimony is required because many factors determine whether a doctor has deviated from professional standards. For example, there might be conflicting opinions on whether a particular treatment would have been better than another for treating a patient’s condition. In addition, some doctors may not have extensive experience treating certain conditions due to their specialty or location.
To show that a doctor did not perform as he should have under similar circumstances, you will need expert testimony from someone with expertise in medicine, such as an expert witness who practices medicine for a living or teaches it at an accredited university medical school.