
You can file a medical malpractice suit against a doctor who caused you injury via carelessness if you were hurt as a result. However, it is not a simple task. There are a number of “yes” questions that need to be answered before a lawyer will take your case. To learn more, click here.
Did My Doctor’s Actions Deviate from Accepted Medical Practice?
A breach of the standard of care occurs when a physician either provides care that a “reasonable” physician in the same or similar circumstances would not provide or fails to provide care that a “reasonable” physician would provide. That is to say, you might have a strong case that your doctor didn’t behave like a “reasonable” doctor if he or she accidentally severed the wrong body part, advised you to stop taking the medication you needed, or left a sponge in place after surgery.
Can I prove that I suffered serious harm because of my doctor’s carelessness?
Even if you find that your doctor did not act properly, that may not be enough to establish that you have a valid malpractice claim. After concluding that your doctor’s actions were unreasonable, you must consider whether or not those actions actually harmed you and whether or not those harms were substantial.
How Much Time Do I Have to File a Lawsuit for Medical Negligence?
Time constraints exist in every U.S. jurisdiction for filing medical malpractice suits against doctors. A statute of limitations is the time limit rule. In most cases, you only have a limited amount of time after discovering your doctor caused you harm before the statute of limitations bars your claim. This period is two years in states like Colorado and Wyoming. The restrictions period imposed by the law is harsh. They are almost always met, with extremely unusual exceptions. As such, you shouldn’t procrastinate if you suspect medical negligence on the part of your doctor.
Your doctor may be sued for medical malpractice if you can show that he or she behaved unreasonably, that you were seriously injured as a result of that behavior, and that you filed your claim within the applicable time period.