Tips On Suing For Medical Malpractice 

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When a doctor or other medical professional makes an error and it causes someone distress to their health, temporary or permanent injury, or even death, it can be a life-altering experience. Having to sue the doctor can seem like a scary experience especially when you know you are going up against a team of lawyers. Here are some tips from legal experts on how exactly to sue for any medical malpractice law columbia sc

The first thing which needs to be done is to establish the fact that there was a relationship between the doctor and the patient. This consists of showing that you were actually the patient of the doctor in question. Typically, this is quite easy to do as there will be signed forms, intake papers signed, and a plethora of other things all of which form a massive paper trail. 

The next step is to prove that there was negligent care taking place. This is defined as a level of care provided by the doctor which does not match what other doctors in the same situation would have done. No matter what the type of medicine being practiced is, there is a pre-determined “standard of care” relevant to that specific field which must be breached before actual malpractice can be determined. The fact that you simply did not like the care would not qualify for this definition. There has to be gross neglect of care which has happened. This, then, will determine if actual malpractice has occurred. 

After the negligence has been determined then it will have to prove that this negligence actually caused an injury. This will require the use of expert testimony. There is the choice here of either hiring an expert witness who will have the knowledge to testify to your benefit or there is the option of getting second opinions from other doctors who can testify to the fact that you were indeed injured. This second option, however, is riskier than the first as sometimes doctors are not comfortable testifying against each other in a court of law. 

After this, your lawyer will have to asses exactly what type of medical malpractice has occurred. There are several different types of malpractice which can happen including childbirth injuries, medicine injuries, misdiagnosis, and many others. It is crucial that they are labeled correctly as if they are not then there is always the possibility that the case could be thrown out on a technicality. 

Make sure that all forms and complaints meet the statute of limitations. If something is turned in but it is past the statute of limitations, then there is really nothing which can be done. The case will be lost before it has even really begun. As you can see, there are quite a few steps which must go into the process of properly filing for medical malpractice. However, when done correctly and when all rules are followed, there is nothing to be too concerned about here.