Overview of Medical Malpractice Lawsuits

By: Penelope Stone | Posted: 29th April 2010

It is an unfortunate occurrence but there are times that a medical provider the person trusted to provide needed medical attention fails to act within the standards for normal medical care. When this happens a patient may be entitled to file a medical malpractice lawsuit. If a person believes they are a victim of medical malpractice they should contact an attorney experienced with medical malpractice lawsuits as soon as possible to determine if in fact they have a viable case against the medical provider.

Proving Medical Malpractice
To prove negligence in a medical malpractice lawsuit it must be determined that the accused medical provider deviated from normal care and the medical treatment was substandard which caused an injury to the patient. In addition there must have been a duty to the patient for example, a doctor-patient relationship. To establish the standard of care that should have been provided the injured patient will need to provide expert testimony from another medical provider in the same area of medicine.

Who Can Be Sued In Medical Malpractice Lawsuits
Medical malpractice lawsuits are not only to hold medical doctors accountable for their actions but other types of medical providers as well. In some cases a medical malpractice lawsuit can be brought against nurses, hospitals, and pharmaceutical companies. A hospital can be held accountable for their negligence as a private or public entity and be held accountable for the negligence of their employees. This is known as vicarious liability.

Time Frame to File a Medical Malpractice Lawsuit
The time frame to file a medical malpractice lawsuit is governed by state law. Each state may have a different designated amount of time known as the statute of limitations. A patient that believes they are a victim of medical malpractice should seek the advice from an experienced medical malpractice attorney in the state the incident occurred to determine when the time frame expires or they may be forever barred from filing a medical malpractice lawsuit for their injuries.

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Tags: amount of time, time frame, medical care, negligence, pharmaceutical companies, medical attention, nurses, medical treatment, medical doctors, statute of limitations, medical malpractice attorney, medical provider, medical providers, medical malpractice lawsuit, medical malpractice lawsuits