Medical Malpractice Statutes

There is a limited time within which patients can make a claim against a doctor or plastic surgeon for Medical Malpractice. The actual time differs from state to state. It ranges from six months to four years from the time of the incident. There are always exceptions though. Furthermore, the start time may be when the mistake is first noticed rather than when the mistake was made. This is also known as the "discovery rule."

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Statute of Limitations by State

Filing a Medical Malpractice Lawsuit

Filing a complaint is much different from actually gaining a favorable civil award against a doctor or surgeon for medical malpractice. There must be proof that malpractice or negligence has taken place in order to take legal action. Malpractice lawsuits are difficult to win. The first thing an attorney does the appropriate due diligence into your claims, and decides if it is indeed medical malpractice. Then, the lawyer will determine if there is a strong enough case to proceed with formal litigation, as well as the potential cost-effectiveness of doing so.

Settlements and Awards

Since going to court is the more expensive route, the victim's lawyer and the doctor's insurance claim adjuster often settle out of court. Two types of awards are offered. The first is direct compensation for medical bills, expenses, and lost wages. The other is compensation for pain and suffering for non-economic losses, as well as in rare cases, punitive damages for grossly negligent conduct or behavior. The bottom line is that medical malpractice is difficult to prove. There are cases where the doctor has given a wrong diagnosis, neglected to recognize symptoms of a serious health issue or gave a late diagnosis of the problem. Filing a claim against the doctor is recommended in such cases where the patient suffers serious consequences from these actions.