When a person undergoes medical treatment, they expect to be treated with care and professionalism. However, situations may arise where medical treatment results in injury. In these cases, the patient may wonder if they have the right to file a personal injury claim against the healthcare provider. The answer is yes, they can file a personal injury claim if their injury was caused by medical treatment. In this article, we will discuss personal injury claims related to medical treatment and how to go about filing a claim.
Table of Contents
Understanding Medical Malpractice
The type of personal injury claim that arises from medical treatment is known as medical malpractice. Medical malpractice occurs when a healthcare provider, such as a doctor or nurse, fails to provide a standard of care that meets the medical industry’s accepted practices. This can result in harm to a patient, including injuries, illnesses, or wrong or delayed diagnoses.
While not every poor outcome in medical treatment is the result of malpractice, the law recognizes that healthcare providers have a duty to provide a certain level of care to patients. If that care is not provided, and a patient is injured as a result, then they may have a valid medical malpractice case.
Elements Of A Medical Malpractice Case
In order to prove a medical malpractice case, there are four elements that must be present:
Duty
The healthcare provider had a duty to provide care to the patient.
Breach
The healthcare provider breached that duty by providing care that did not meet the accepted standards of care in the medical industry.
Injury
The patient suffered an injury as a direct result of the healthcare provider’s breach of duty.
Causation
The healthcare provider’s breach of duty caused the patient’s injury.
Proving A Medical Malpractice Case
Proving a medical malpractice case can be complicated, requiring expert testimony and medical records. An attorney experienced in medical malpractice cases can guide a patient through the process and collect the necessary evidence to prove the four elements of a medical malpractice case.
Expert testimony is often required to prove that the care provided by the healthcare provider was substandard. This can be crucial in proving that there was a breach of duty. Medical records and other documents may also be necessary to show the extent of the patient’s injuries and how they were caused by the healthcare provider’s actions.
Filing A Personal Injury Claim
If a patient believes that they have been injured as a result of medical malpractice, they should consult an experienced personal injury attorney. An attorney can help determine if a case exists and will file a personal injury claim on behalf of the injured patient.
The attorney will collect medical records, interview witnesses and experts, and present evidence that the healthcare provider failed to meet the accepted standards of care in their field. They will also present evidence that the breach of duty caused the patient’s injuries and the extent of those injuries.
Statute Of Limitations
It is important to note that there is a time limit, known as a statute of limitations, in which a personal injury claim related to medical malpractice can be filed. The specific time limit varies by state, but in most states, patients have between 1 and 3 years from the date of injury or the discovery of the injury to file a claim.
It is important to contact an attorney as soon as possible if you believe you have been injured due to medical malpractice, as the time limit for filing a claim can be difficult to determine, and missing the deadline can result in the inability to pursue a claim.
Conclusion
If you have been injured as a result of medical treatment, you may be able to file a personal injury claim against the healthcare provider. Understanding the elements of a medical malpractice case and the process of filing a claim can help guide you through the process and ensure that you receive the compensation you deserve. Contacting an experienced personal injury attorney is crucial in navigating the complicated process of filing a claim and can help you get the justice you deserve.