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Medical malpractice is sadly a serious problem even in this day of higher accountability. Aside from the obviously terrible physical suffering that can occur as a result of medical malpractice, victims often feel intense frustration at having their trust betrayed in such a serious way.

What constitutes as medical malpractice?

Not every failure to treat a condition or negative effect of treatment can be considered malpractice. Licensed medical professionals are expected to perform their duties to a predefined standard and follow protocol. If a medical practitioner fails to meet this standard, for example following the wrong course of treatment or failing to follow the right one, then they may be guilty of malpractice. For example if a doctor prescribes medicine that is not the appropriate treatment for your condition, then they may be guilty of malpractice.

How much compensation can I expect from a malpractice suit?

That depends on the nature of your case. You can reasonably expect to be compensated for all costs related to the injury, from medical treatment to income lost as a result of not being able to work. There are also more abstract claims such as pain, emotional suffering, inconvenience, etc. These can’t be proven absolutely like physical injuries, but they can be awarded if they seem reasonable given the case.

What do I need to win a malpractice suit?

Well the first thing you need is a good lawyer! Thankfully if your case is legitimate most lawyers will take it with no cash up front. Payment will be taken from your compensation. In malpractice cases the onus is on the defendant to prove that malpractice occurred.

How long do I have to file a claim?

Time limits vary based on the nature of the injury and the entity being accused of malpractice. The standard period is two and a half years though claims against the state need to be filed within 90 days.