Medical malpractice occurs when a healthcare professional such as a doctor, nurse, or technician treats a patient in a manner which departs from a standard of care provided by those with similar training and experience, resulting in injury, ailment or death.
A medical malpractice suit can be initiated against any professional or facility that provides health care. This includes doctors, nurses, technicians, hospitals, and nursing homes.
Yes! In fact, misdiagnosis is one of the primary reasons why medical malpractice cases are filed. A patient can suffer significant injuries or even death when a doctor fails to properly diagnose an injury or ailment, delays a diagnosis, or fails to provide any diagnosis at all.
Informed consent refers to the consent a patient gives to the doctor to proceed with a medical procedure based upon a clear appreciation and understanding of the facts, implications and future consequences of such procedure.
A statute of limitations refers to the period of time during which a potential medical malpractice victim can initiate a lawsuit. Depending on the state and the procedure in question, this period can start from the time at which the malpractice occurs or alternatively, from the time which the victim discovers that malpractice was the cause of his or her injury.
Determining the exact period of statute of limitations can be complex depending on your particular circumstance so it is important to consult with a qualified medical malpractice lawyer as soon as possible to protect and maximize your interests.