Surgical errors are the number one reason for inpatient malpractice claims, while diagnostic errors, including misdiagnoses and delayed diagnoses, are behind the majority of outpatient malpractice claims. Whatever the details of their situation, patients who were injured as a result of a doctor’s negligence may file a claim, though they must be mindful of the statute of limitations: in this state, two years from the date when the malpractice took place.
Some victims might contact the one responsible for their injuries, asking for some sort of explanation, and this is not always advisable. Any contact with the potential defendants can trigger the limitations period. This happened in the case of one victim who sent an informal letter to the hospital where the injury occurred. Because the victim did not know that this action constituted a pre-suit notice, she was unable to file a claim.
Those who want to see if they have a case under medical malpractice law may want to see a lawyer before anything else. A case evaluation can usually clear up any doubts and even help in determining how much victims can be eligible for in compensation. A malpractice claim could cover monetary losses like medical expenses and non-monetary losses like pain and suffering and emotional trauma. A lawyer may help strengthen the case with evidence of negligence and negotiate on victims’ behalf for a settlement out of court.
