If you want to build a strong medical malpractice lawsuit,you need to hire a good dcl=6967] and pay attention to all the small details so that you win the case in a court of competent jurisdiction. Even if you have a good case,the defendant might win the case based on a technicality you overlooked. Below are some things you should know if you are interested in building a strong medical malpractice lawsuit.
File the Case on Time
If you want to sue anybody or an organization for medical malpractice,you must begin the process within a stipulated time. This is because medical malpractice cases have a statute of limitations. If you do not file the case within the stipulated time,the court will not hear the case.
Know the Three Theories
A strong medical malpractice case must be based on one of the three theories below. The medical expert failed to diagnose an existing medical condition or provided an incorrect diagnosis. The medical expert was negligent. In this context it means expert in question made a mistake that a professional of his or her standing is not supposed to make. Failure to give the patient properly is another strong factor. In this case,it means the expert did not warn the patient about the risks of a particular treatment and did not get the informed consent of the patient before treatment. Once you have taken the three theories above into consideration,you move on to the elements of the case.
There are five elements of a medical malpractice case and the plaintiff must establish all five clearly. First,the doctor or the hospital has a legal duty to take care of the patient. If this duty was breached and the breach led to injury,damage or death,you have a strong case. In addition,you have to prove that the accused person acted in clear deviation of the accepted norms of the medical profession. The plaintiff must also establish malice or intent on the part of the medical caregiver. Finally,there must be damage because without damage you have no grounds to make a claim in court. Damage in this context means injury,loss of life or loss of income arising from injury or disability.
A medical malpractice case can be quite complicated. Take note of the points discussed above and you improve your chances of success.