How To Know If You Have A Valid Medical Malpractice Suit

When patients go to their doctors for advice or enter the hospital for an operation, they expect to receive the best care possible under the guidelines of medical practice and state laws. Sometimes, the accepted standards of practice are ignored and a health care provider may commit medical malpractice, which often leads to injury and other irreversible consequences. Overall, medical malpractice involves the negligence on the part of professional medical staff.

The issue of medical malpractice is so important in the eyes of the public and government that the United States has developed specific medical malpractice laws to deal with this concern. In order to take suspected medical malpractice case before a court of law, a medical provider must have done something they weren’t supposed to do or failed to complete an act they should have performed.

Medical malpractice suits arise when failed medical services result in detrimental injury, decreased chances of recovery, and in the worst cases – death. When a professional in the health care business commits negligence, it is up to the patient to make it known and confirmed. This is often accomplished by taking the issue to court. In the end, a guilty medical care provider will be held accountable for all of the injury or damages their actions (or lack thereof) have caused.

Since medical malpractice is a severe issue, there are certain restrictions imposed that also protects doctors, surgeons, and hospitals from misuse of the judicial system. Varying on a state-to-state basis, a range of strict time limitations are upheld, which prevents the pursuit of certain lawsuits. Whichever state the medical malpractice is said to have taken place is where the injured party must abide by state time limitations. Therefore, if a patient living in Wisconsin received ill treatment in New Jersey, their medical malpractice suit must reflect the regulations set by the state of New Jersey.

While there are state limitations regarding medical malpractice, there are also exceptions to the rule. For instance, the normal time limits for placing a malpractice claim in New York is within two and a half years of the offending act. However, if the malpractice caused injury to a child, New York State provides ten years to bring a case to court. An additional clause states that once a child reaches the age of 20 and a half years of age, they may not bring forward a medical malpractice suit to court. Another exception to the limitation rule is the uncovering of medical instruments left within the body after an operation, where a patient has up to one year after its discovery to make a claim.

In a medical malpractice claim, the involved parties include a plaintiff (the patient) and the defendant (health care provider). Under law, the defendant may include physicians, dentists, nurses, therapists, hospitals, clinics, and other managed health care facilities.

A plaintiff is responsible for proving a variety of case details in order to succeed in their medical malpractice claim. This includes: a duty was owed (care or treatment), a duty was breached (failure to adhere to standards of care), the breach caused injury, and damages came as a result. One of the most important things to prove in a medical malpractice case is that damages occurred during failed medical care. Without damages, a medical malpractice claim has no basis even if a medical provider was indeed negligent in their actions.

For more insights and for additional information about Medical Malpractice please visit our web site at


NEED A Lawyer? Check out our Lawyer Directory!

Back to homepage for Law Information

6 Responses

  1. Over the years, the largest problem has been the failure to disclose medical and nursing negligence as well as blatant cover-ups with falsified documentation. Today, many states have passed laws requiring disclosure of mistakes and the new CMS ruling regarding denial of payment for the more obvious blunders, should make it easier for consumers to know when they have been victimized. However, there is a need for more public education so that people will know that they should watch for the statement of benefits from Medicare and other third party payers to see if there was a denial of payment for any part of the hospital bill due to mistakes.

  2. Unfortunately, many providers are now billing patients for services not covered by their health care insurance. It’s called “balance billing” and I have already been hit by two such bills in recent weeks.

    I suspect this will bring up another round of lawsuits against those health care insurance providers for insurance bad faith.

  3. Thanks in support of sharing such a nice thinking, paragraph is
    pleasant, thats why i have read it entirely

  4. It’s going to be finish of mine day, however before ending I am reading this great piece of writing to increase my know-how.

  5. Hello mates, how is the whole thing, and what you would like
    to say concerning this paragraph, in my view
    its genuinely remarkable designed for me.

  6. Everything is very open with a clear explanation of the issues.
    It was truly informative. Your site is extremely helpful.
    Many thanks for sharing!

Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s

%d bloggers like this: