What you need to know about filing a medical malpractice case
First, you should understand there are statutes of limitations in medical malpractice cases. The statute of limitations is the deadline for you to file a claim, or you forever lose the right to do so. They differ between Washington D.C. and Maryland, and there are various rules depending on if the victim is a minor or an adult, and whether the victim died as a result of the negligence.
Our attorneys can give you specific information regarding whether your claim meets the time requirements.
Secondly, you should know that to make a claim of medical malpractice, you will need to prove:
The doctor, hospital, institution or other health care provider acted negligently. In other words, he or she or they made a mistake; and
That mistake caused physical, mental, and/or emotional harm.
So, to file a medical malpractice claim, you will need evidence that proves these elements. The law requires you to build a direct link between the doctor’s negligent actions and the harm done to you. The typical evidence used to prove your case includes:
- Medical records
- Medical bills and expenses
- Witness statements
- Expert witness testimony.
Senior Managing Partner Jonathan Schochor explains why some hospitals are taking responsibility for medical negligence by voluntarily admitting mistakes. While it’s rare, it seems that some hospitals, surgeons and physicians are trying to change the culture by developing protocols to reduce the chance for a mistake to reoccur. One of the functions that Schochor, Staton, Goldberg and Cardea, P.A. hopes to achieve is to reduce the occurrence of medical malpractice or negligence. Click here to listen.