If you were injured, sickened or treated inadequately by your doctor, it's important to be aware of how you could go about seeking justice in the form of a civil lawsuit seeking financial reparations. However, the laws that govern your rights and responsibilities if you have been the victim of medical malpractice, including any applicable time limits, vary from one state to the next. Therefore, there are several essential questions that you should ask any medical malpractice attorney that you might hire to represent you and three examples are listed below:
What Dollar Amount Can You Ask For In Your State?
You have probably watched television shows or movies that feature people getting hundreds of millions of dollars for medical malpractice suits, but that amount to any one person is rare. However, a class action lawsuit, which is defined as a group of people who band together to sue a common entity due to similar injuries they received from a service or product, might see those large sums.
While some states don't have a cap on the dollar amount that you can request in a law, it's common for a formula to be used. It allows for the specific amount of existing and future medical costs, including medical equipment, adaptive devices, etc. and a projection of non-medical expenses, such as your pain and suffering, lost time from work, etc. Your age, the severity of the problem caused by the negligence, and similar factors will provide a number that the attorney can ask for.
Even if your case is won, you are unlikely to be awarded anything above that amount.
What Are The Time Limits For Filing A Case?
Given that in 2016, medical malpractice was estimated to result in the deaths of more than 250,000 people a year, it's clear that accidents and negligence are terrifyingly common. However, you might have a limited window of time during which you can file a lawsuit. Again, those limitations depend on the state, so there is no one-size-fits-all answer.
Your time limit could be as little as a year, as in California or up to five years, with special circumstances, as in Maryland. One detail to discuss with your attorney that could impact your case is when you became aware of the negligence or error. For, instance, you might have been prescribed the wrong medication and your health worsened due to its use. If you were not aware that it was the wrong prescription till much later, it is possible that your clock for the lawsuit didn't start until then.
If that situation or something similar occurred, it's essential to determine what options are available to you as soon as possible by speaking with a medical malpractice lawyer.
In conclusion, medical malpractice impacts many people in the United States each year in a myriad of ways. If you believe that you were the victim of a medical error, it's best to speak with an experienced medical attorney. Screening the different candidates with the above questions is a great way to get started.
Contact a law office like http://www.medilaw.com/ for more information and assistance.