When you visit an emergency room, you have certain expectations. You expect to receive adequate care and for your health conditions to be properly diagnosed.
Whether it’s an error with your medications, diagnosis, or a mistake during surgery, the common factors contributing to emergency room errors can vary. However, the necessary steps to navigate a medical malpractice claim are about the same regardless of where the medical error occurs.
Before you can file a claim against a healthcare professional, you need to determine if it’s medical malpractice or negligence. Yes, both terms refer to medical mistakes, but not all errors justify filing a claim for damages.
While both are types of negligence, one is intentional, and the other is accidental. For example, your pharmacist misreads the dosage on your prescription. This is considered an error, it’s not intentional. In other words, the pharmacist didn’t intend to give you an incorrect prescription.
However, if a physician prescribes a medication they know will have adverse effects on your condition, this can be considered medical malpractice. So, you can file a claim for medical malpractice, but negligence doesn’t always meet legal requirements.
Even though state medical malpractice laws can vary a bit, most follow the same guidelines. The primary differences are the statute of limitations, which is the deadline you have for filing a medical malpractice claim, and caps on your damages. Most states cap damage amounts in medical malpractice claims. With that being said, here’s a look at the steps you should take.
You can’t file a medical malpractice claim if you don’t have a relationship with the healthcare professional. You must show that the physician is providing your healthcare. Proving the relationship should be relatively easy. Your medical bills and records should name the healthcare provider.
If your medical malpractice claim is against a pharmacist, your prescriptions and receipts should be enough to establish a relationship.
All healthcare providers must meet standard care guidelines. These are the guidelines that outline a healthcare provider’s duties. For example, if your physician decides that an alternative therapy is your best treatment option but doesn’t go over the risks with you, this can be viewed as a deviation from the standard of care requirements.
The standard of care typically refers to well-established healthcare guidelines. You treat a headache with a pain reliever instead of prescribing breathing exercises. Even if breathing exercises may be effective, they’re not a well-established method of treatment.
Proving a violation of the standard of care protocols typically means providing medical records and bringing in expert testimony.
Okay, this is when it can get a little confusing. While not all examples of medical negligence qualify as grounds for a malpractice claim, you do need to establish the medical professional is negligent.
To help clear up any lingering confusion, you're not filing a claim because the healthcare professional made a mistake. This is a form of negligence. Instead, you’re showing that the negligence is intentional or the actions aren’t those of a reasonable person. Using the example of breathing exercises to treat chronic headaches. A reasonable physician will turn to proven medications instead of relying on unproven methods.
To show negligence, your medical records can be an invaluable source of information. You may also need to bring in expert testimony.
Proving your damages are the direct result of the medical professional’s negligence isn’t easy. You can’t simply show up and claim your damages are caused by negligence.
Whether you’re prescribed the wrong medication or your damages are caused by a surgical error, you must prove the healthcare provider acted negligently. This is when you’ll probably need to bring in medical experts. Their testimony can help show that your damages are caused by the actions of the medical professional and their behavior is not considered that of a reasonable person.
An example can be if your physician decides to create a unique treatment plan that’s not recognized by the medical community. Medical experts can testify to standard procedures, outlining how your physician deviated from the norm.
Your damages in a medical malpractice claim can be extensive. Chances are, you have both economic and non-economic damages. Your damages can include injuries, lost wages, pain, suffering, and mental anguish. You may even be experiencing a loss of life enjoyment.
To receive compensation for your damages, you must show that the healthcare provider’s negligence is directly responsible for causing your injuries. Once again, you’ll need your health records and expert testimony.
The statute of limitations varies depending on the state. Sometimes, even the entity named in your claim can affect the amount of time you have to file a medical malpractice claim. Most states give you around two years, but this does vary. The clock starts ticking as soon as you discover medical malpractice has occurred.
What happens if the statute of limitations runs out? There’s a good chance you won’t be able to file a claim for damages, even if it’s a case of gross negligence. However, there are a couple of exceptions. Minors may be able to wait until they turn 18 to file a claim. In this case, the statute of limitations kicks in on their 18th birthday. Another example is if the individual named in your medical malpractice claim can’t be located by authorities.
The statute can be paused until a medical professional is located. However, it’s always best to file a medical malpractice claim as soon as possible. This way, you don’t need to worry about the statute of limitations running out.
Medical malpractice claims aren’t always easy to prove, even when it’s a case of gross negligence. Working with a medical malpractice attorney can help simplify the process and ensure that you receive compensation for your damages.
