Medical malpractice takes place when the standard of care expected by the medical community is not met. A violation of the standard of care could lead to patient injuries, which are then compensable by law.
In order for a medical malpractice lawsuit to work in favor of the victim, he or she needs to show that the injuries he or she has suffered were caused by negligence or errors. You may need to speak with another medical professional to get his or her expert opinion on your case and to testify on your behalf.
In most cases, medical malpractice lawsuits are settled outside of court. This means that patients have a chance to negotiate for a settlement that is appropriate. It's a good idea to have an attorney fighting on your side during the negotiation process and to have a solid understanding of how much your injuries are costing you presently and in the future. You may be able to obtain compensation for various things including your medical expenses, travel costs and long-term care. In some cases, family members may also be able to seek and obtain compensation for the impact your injury has had on them.
Remember that in any case, you need to file a lawsuit as soon as possible. There are statutes of limitations that apply to personal injury and medical malpractice cases, so you need to start your case before you run out of time. Our website has more information about medical malpractice and what you should do if you've been a victim of negligence or errors.