Criteria for Medical Malpractice
Despite some minor differences from one state to another, the general criteria for medical malpractice claims and cases largely is the same across the United States.
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Time Frame
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The statute of limitations represents the deadline for filing a medical malpractice case. Not filing within the time frame established by state law precludes you from pursuing your claim.
Expert Insight
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Medical malpractice cases require expert testimony. An expert is a person with education and experience in the specific medical field where malpractice alleged.
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Compensation
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A person injured by medical malpractice is entitled to damages for lost wages, future lost wages, medical expenses, future medical expenses and pain and suffering. Some states place caps on how much money you get for pain and suffering.
Punitive Damages
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Punitive damages represent additional compensation above and beyond basic (legally known as "compensatory") compensation. Punishment representsthe goal of punitive damages.
Legal Elements
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Criteria for medical malpractice include meeting the four legal elements of this type of claim: A duty owed to the patient, breach of that duty, breach injured the patient and damages occurred. For example, a doctor is obliged to amputate the proper limb, she fails to do so, the patient loses the wrong limb and permanently is damaged.
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