Thank you for your patience as I obtained this information. Medical malpractice is based on the common law doctrine of a tort cause of action; negligence. The elements for a successful medical malpractice lawsuit require:
(1) That a reasonably skillful, careful, or prudent health care professional engaged in a similar kind of practice under the same or similar circumstances would have had a particular degree of knowledge or skill or would normally have exercised a particular degree of care; and
(2) That defendant did not have this degree of knowledge or skill, or did not exercise this degree of care; and
(3) That defendant’s lack of knowledge or skill, or failure to exercise this degree of care, was a cause of plaintiff’s injuries and those injuries would not have happened otherwise.
The damages are actual damages (ie medical bills) plus emotional damages (pain and suffering) and even punitive damages which are designed to punish defendant and deter others from similar misconduct.
There is a 2 year statute of limitations, but it is best to bring it as soon as possible, as these types of cases require review of documents (medical records), consultation with experts, etc, so it is best to get started soon, while the incident is still fresh, and the injuries can be adequately documented.
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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.