Hi, my name is Kirsten Krueger and two years ago, I was in a car accident. I was stopped at a stop sign when the driver behind me slammed into my car. Due to my injuries, I had to spend a few days in the hospital and I was unable to work for two months. My medical care was expensive and without being able to work, I couldn't pay my bills. The car accident was stressful enough and then I had to worry about how I would pay my bills. After speaking with a car accident lawyer, it wasn't long before I was compensated for my medical bills and lost wages from work. I'm writing this blog to help others who have been a car accident and haven't received any compensation. As you read my posts, you'll learn how an attorney can help you if you're in a vehicle accident.
Medical malpractice is a terrifying possibility that can happen to anyone. If it ever happens to you, then you might need to file a lawsuit to receive fair compensation for your damages. The average person, however, is not likely to be familiar with the issues surrounding malpractice lawsuits. This article looks at some of the key considerations involved.
Time Frame
As with other types of personal injury suits, you must file your malpractice claim with the court in a specific time frame. The time allowed to file depends on the state, with two or three years being a common limitation. A key point to remember is that the time when the clock starts to run can also vary from state to state. In some states, the clock starts on the date the malpractice occurred. In others states, the clock starts when the patient discovers the malpractice. These two dates are not necessarily the same.
Review Panel
Another aspect of medical malpractice that varies from state to state is the requirement to take your case before a review panel. In some states, such as New Mexico, you may need to have a review panel examine your claim before you are able to file a lawsuit. The findings of the review panel are not binding, but may have an crucial influence on your trial. For example, if the panel decides in your favor, this might sway a jury to back your claim.
Expert Testimony
In most instances, you will need an expert to testify on your behalf at trial. This might also be necessary if and when your case is presented to a review panel. The person must be a recognized expert in the relevant field. The expert witness requirement exists because only a specialist can explain to the jury why the defendant was negligent, due to the complex nature of most malpractice cases.
Notice
In some jurisdictions, you are required to give the plaintiffs special notice of your intention to sue before you file with the court. This might require you to have another doctor assert in the notice that your claim is valid.
Filing a lawsuit for medical malpractice is not an easy decision. Going through this type of legal process may be traumatic and emotionally draining. Of course, assistance from a qualified personal injury lawyer is essential. For further information about this topic, contact a lawyer in your area, such as one from Daniels Long & Pinsel.
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