When you go to the doctor, you assume that you will be taken care of by a professional and compassionate person. Unfortunately, not every health care professional visit goes according to plan. Negligent doctors and nurses can botch a surgery, medical equipment might be faulty, and poorly prescribed medications can severely disrupt your day-to-day life.
Medical malpractice is also referred to as medical negligence. You have the right to file a civil suit against parties that have violated your right to appropriate health care, especially if it has resulted in significant losses.
A Bear medical malpractice lawyer can help you navigate the complexities of a lawsuit like this. A personal injury attorney at Doroshow, Pasquale, Krawitz, and Bhaya can help you submit all of the necessary documentation within the time limits for your claim.
Identifying Medical Malpractice in Bear
Health care malpractice includes the deliberate negligence or mistreatment of a patient at the hands of a medical professional. More specifically, this can include:
- Failure to diagnose
- Poorly prescribed medications
- Faulty equipment
- Premature discharge
- Fatal treatment
- Inappropriate operations
If these behaviors result in not only pain and suffering but economic losses for the patient, they have the right to file a civil suit. A skilled Bear attorney could help someone determine what type of health care malpractice occurred.
Affidavit of Merit in a Health Care Malpractice Claim
Filing a malpractice claim requires more paperwork than filing another personal injury complaint. This is because all plaintiffs must get an affidavit of merit from a health care professional before submitting their paperwork to a judge, according to Delaware Code § 6853 Title 18 Delaware Code § 6853. These statements let a court know that an expert believes that the plaintiff received care that did not uphold the duty the institution owed to the patient.
Once the plaintiff has an affidavit of merit, a medical negligence attorney in Bear can identify the party they wish to hold liable for the claimant’s losses. This can include a specific individual, an institution, or even a manufacturer of supplies.
Statutes of Limitations in Medical Negligence Cases
According to 11 Del. C. § 8119, the state usually allows parties suffering from personal injuries up to two years to file a civil suit.
When it comes to health care malpractice, however, things can become complicated. Although injured parties have two years from the date the health care malpractice takes place to file, people who discover negative conditions later on have fewer legal avenues available to them.
The state does, however, allow plaintiffs to argue that their condition could not have been discovered within a two-year period of time. According to 18 Del. C. § 6856 (1), people who argue this point can have a year added to the statute of limitations in their care.
Exceptions to the Rule
The only time local residents are allowed more time to file their negligence cases is if those cases involve deliberate subterfuge. This means that if a medical professional tried to hide their misconduct, the claimant can carry their case forward on a toll. A similar exception applies to any children who suffer from health care malpractice.
A skilled Bear attorney could help someone determine if their health care negligence case is an exception to the statute of limitations.
Enlist a Bear Medical Malpractice Attorney Today
When you and your loved ones seek health care, you want to know that you are in good hands. Medical professionals can ruin your health if they do not take your concerns seriously or cause you additional harm by being careless.
If you experienced medical malpractice, know that there are legal options available to you. A Bear medical malpractice lawyer can look over your incident and help you formulate a claim to file with a local court. From there, you can rely on an attorney for representation as you fight for your compensation. Call Doroshow, Pasquale, Krawitz, and Bhaya now to learn more.