A person has to study, work, and research for several years before becoming a doctor. Naturally, a patient trusts the doctor completely. But sometimes, the medical professional could be negligent in diagnosing disease, treating it and even in its follow-up. This results in medical malpractice, which is a situation where a medical professional fails to treat a patient as they should due to negligence. In such cases, a patient should consult Miami medical malpractice lawyers.
Types of malpractice and errors
- Misdiagnosis or failure to diagnose.
- Premature discharge.
- Unnecessary or incorrect surgery.
- Failure to act on results or order appropriate tests.
- Not following up properly.
- Leaving medical equipment inside the patient’s body after surgery.
- Prescribing the wrong medication or the wrong dosage.
- The patient has persistent pain after surgery.
- Operating on the wrong part of the patient or wrong patient.
- Pressure ulcers, or bedsores.
- Potentially fatal infections acquired in the hospital.
Special Requirements In Such Cases
Medical malpractice case should be brought soon after the harm
It is important to bring forward cases of negligence fairly quickly, from six months to two years, on the basis of your state’s rule. The time span in which you should bring the lawsuit is referred to as statute of limitations. If you do not file the lawsuit within the statute of limitation, the court will dissolve the case regardless of the facts.
The time period offered also varies from state to state. Some states consider the time to begin when the act of negligence occurred. On the other hand, for some states, the clock starts ticking after the patient discovers the injury.
Special medical malpractice review panels
The patient is required to submit a claim to their area’s malpractice review panel, which hears arguments and review expert testimony and evidence. It then decides whether malpractice has occurred. The panel decision cannot award damages and does not replace the actual medical malpractice lawsuit. Therefore, it is just a hoop that patient must pass before going to court. The courts often depend on review panel’s judgment of no medical negligence to dismiss a case before it goes to trial.
Special notice requirements
Several states demand that the patient provides the doctor with a notice of malpractice claim before filing a case. The notice can be in the form of a general description.
Expert testimony is needed
Expert opinions are a crucial feature of a patient’s case. During the trial, the presence of a qualified expert is needed. Usually, expert affidavit or expert testimony is needed at the review panel proceeding for malpractice before commencing trial. Generally, somebody with notable experience in a specific field is what makes someone qualified to offer expert medical testimony.
In cases where surgical equipment like sponge or towel is left inside a patient’s body, expert testimony is not required.
Limits on damage awards
Several states cap or limit the amount of money to be awarded to a medical malpractice patient. You must check how much compensation you would get in such cases to make sure you do not spend on legal process unnecessarily.
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