How do I Know if I Have a Medical Malpractice Case?

Medical procedures can be risky, and sometimes they go wrong and can cause severe injury. However, not every bad outcome is a result of medical malpractice. If you are injured by a doctor or other health care provider, you might wonder if you have a medical malpractice claim, and whether you need to contact an attorney. Here are a couple of things to keep in mind when you are considering a medical malpractice lawsuit:

1. Bad Treatment v. Malpractice: All health care providers do things differently. You might be surprised to know that your provider is not legally required to give you the best care and treatment. Even if you receive poor treatment and you are injured, there may not be malpractice. Malpractice occurs when a health care provider violates the standard of care. The standard of care means that your doctor has a duty to use the same level of care and skill that other professionals in the same type of practice would use. This is a nationwide guideline for medical professionals. When a doctor performs below this level AND causes an injury, you may want to consider a medical malpractice suit to compensate you for your injury.

If you have received poor treatment, even if you are injured, you will not have a case unless your doctor violated the standard of care for professionals in his field. How can you tell the difference? All medical procedures involve risks. In this circumstance, when an attorney is evaluating a case, he or she will often ask a medical expert to review your medical records and see if they can determine if the doctor made a mistake that caused your injury, and thus performed below the accepted standard of care.

2. Severity of Your Damages: If you were injured by a medical mistake, the damages you suffered need to be fairly significant before you can bring a case. Medical malpractice lawsuits are typically very hard-fought battles that may take hundreds of hours of attorney time. A case where the injury is not fairly significant can cost more to work on than what you would be compensated for in damages. In this situation, even if an attorney is able to get money for your injuries, you will have spent all of that money on the costs and in hiring an attorney. For this reason, it does not make sense for you to hire an attorney unless you have significant or permanent damages.

3. Statutes of Limitation: For every type of court case there is a deadline before which the case must be filed. Once this deadline has passed, you will be barred from filing a lawsuit, with few exceptions. The statutes of limitation are different in each state and may vary depending on who or what institution is being sued. In Utah you typically have two years from the date of injury to file a medical malpractice claim. However, if you are suing a government employee or facility, such as a University or County hospital or doctor, you have only one year to file your lawsuit.

Still not sure if you have a case? Give us a call and we can help you figure it out.

SykesInjuryLaw.com