Who Can File a Medical Malpractice Lawsuit?

Tragically, America’s third leading cause of death is attributable to medical malpractice. But unfortunately, dead loved ones and friends aren’t the only malpractice victims.

A licensed healthcare physician and institution are legally obligated to treat you safely and professionally. If a hospital negligently performed its duties or was derelict, you can file a medical malpractice lawsuit.

And while going against the medical industry worth more than $2.6 billion might seem daunting, you are not alone. The right medical malpractice attorney battles to get you the compensation and healthcare you deserve.

Are you unsure if you have a valid medical malpractice case? Read these vital pointers to see if you are a victim of a medical error.

Who Can File a Medical Malpractice Lawsuit?

A medical malpractice attorney carries the burden of proof to litigate any medical malpractice lawsuit successfully. In addition, a clear relationship between the defendant and the doctor must exist first to file a lawsuit.

Proving a Doctor-Client Relationship

Communications like emails, text messages, letters, medical procedures, notes, and prescriptions prove a relationship between a doctor and a client.

Medical Misdiagnosis

Doctors and hospitals aren’t exempt from making mistakes. Errors during operations, wrong prescriptions, or misdiagnosis are reasons for a medical malpractice lawsuit.

Perhaps you are a victim of these other issues:

  • Errors with anesthesia
  • Childbirth mistakes
  • Forgotten medical equipment inside you
  • Not diagnosing a medical condition
  • Wrong prescriptions

If you are in Hawaii, you can also visit for more on medical malpractice.

Childbirth Injuries

Tragically, over 50,000 women each year suffer injuries or complications while giving birth. If a childbirth emergency arises, doctors have a legal obligation to act swiftly.

A medical malpractice attorney is necessary if either the mother or the child sustains an injury or dies from medical incompetence.

Surgical Malfeasance

A licensed physical carries the obligation to safely and expertly perform any operation. If you can relate an injury to a medical procedure, you have the legal standing to file a lawsuit.

Also, if your injury directly causes additional harm or damage, you have a viable medical malpractice case.

Post Surgery Negligence

Roughly 12 medical apparatus are left inside patients’ bodies every day. Consequently, victims might experience severe pain, bloating, and death. If you are walking around with a forgotten surgical tool, you are also eligible to file a lawsuit.

Medical Malpractice Cases

Before filing a medical malpractice lawsuit, the doctor in question must receive notice. A competent medical malpractice attorney seeks expert testimony to win your medical malpractice lawsuit.

States differ on what medical malpractice is. But usually, the victim has anywhere from six months to two calendar years to file a lawsuit.

Most medical malpractice cases head to the civil court. However, in the circumstances like extreme negligence, it may move into a criminal court.

More Info About a Medical Malpractice Lawsuit

A typical medical malpractice lawsuit can last a few months to years. However, a certified medical malpractice attorney guides you on all the necessary steps to help win your case.

A competent medical malpractice lawyer should also alert you to the challenges of your medical malpractice case. You can read our blog to learn more on similar topics.


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