Medical Malpractice
Health care providers, including doctors, nurses, technicians and medical facilities usually provide a caring service with a high standard of excellence for their patients however there are occasions when things go terribly wrong. If you or loved one has been injured or if you have lost a loved one because of a medical error you may be entitled to financial compensation.
Nearly 100,000 wrongful deaths and countless other serious injuries occur every year in the United States because of medical negligence. Studies show that more than 90% of all medical errors go unaddressed.
We must prove that the health care provider fell below the minimum standard of skill or care which their profession regards as acceptable. This can only be established with a medical expert. Once negligence has been shown, it is necessary to show injury and damage has been caused to the victim because of medical negligence.
Medical malpractice claims are subject to unique statute of limitations. An action for injury or death generally must be brought within one year from the date the claimant discovered the negligent act, but generally no more than three years from the date of injury. For retained foreign body cases, the statute is tolled until the party discovers or should have discovered the injury.
Actions on behalf of minors must be brought within three years from the date of the negligent act, unless the child is under the age of six, in which case the action must be commenced within three years or prior to the child's eighth birthday, whichever provides the longer time period.
