The Basics of Medical Malpractice

It can be difficult to bring forth a medical malpractice case to the court because there are many guidelines that need to be adhered to. A personal injury attorney will be a necessary component to a successful medical malpractice case. They will be able to coordinate and navigate the information required to prove negligence and ensure that the claim is filed before the clock runs out on the statute of limitations.

What is Medical Malpractice?

Medical malpractice is when a doctor acts negligently when treating a patient. There are key elements needed for a medical malpractice claim, which includes having an established doctor-patient relationship, and a breach in the doctor’s duty of care that resulted in damages. In medical malpractice cases, the patient must be impacted with a negative outcome as the result of the doctor’s negligence

How to Prove Negligence

Proving that a doctor was negligent when caring for you can be difficult without the correct evidence. There are a few key elements required in order to have a successful outcome.

  • Medical Records are perhaps the most important piece to the puzzle, as they will provide the information to prove the claim.
  • Expert Testimony goes hand in hand with medical records, as you will need another doctor to interpret the information. The purpose for this is to have them weigh in regarding the treatment provided and whether they would have made different decisions.  
  • Testimony from the Doctor who treated you is vital as they can provide insight into the decisions the made.

The Statute of Limitations

When it comes to medical malpractice, cases must be filed more swiftly than other claims. Although the average length of time varies by state, the average statute of limitations is 6 months to a year. If considering whether a medical malpractice suit is the right next step for you, it is important to take action as soon as possible by speaking with an attorney. This is largely in part to the shorter timeframe available to take action because once the statute has passed, you will not be eligible to file your claim.

Consulting with a medical malpractice attorney, such as the hospital injury lawyers Memphis TN locals turn to, comes at no financial obligation to you as often they offer their first initial consult free of charge. Medical malpractice cases can take as long as 3 years before a determination is reached, it is important to find an experienced lawyer who can weather the process with you.


Thanks to authors at Darrel Castle & Associates PLLC for their insight into Personal Injury Law.