If you or a loved one has been the victim of medical malpractice in Indianapolis, you may consider suing your doctor. Before taking legal action, it is important to understand the process and what to expect. Here are 5 key takeaways to consider when deciding whether to pursue a medical malpractice lawsuit with the help of a medical malpractice lawyer in Indianapolis.
Violation of Standard of Care
If you believe that you have a medical malpractice case against your doctor, the first step is to determine whether or not your doctor violated the standard of care. To prove that your doctor violated the standard of care, you’ll need to provide evidence that another doctor in the same field would not have done the same thing under similar circumstances. You can’t just lay a claim without appropriate backup.
The Main Types of Malpractice Cases
When you consider suing your doctor for malpractice, it’s important to understand the different types of malpractice cases. Generally speaking, there are three main types: negligence, intentional misconduct, and vicarious liability. If you have experienced malpractice, you can contact an experienced medical malpractice lawyer Indianapolis immediately.
Expert Witnesses are Indispensable
If you want to sue your doctor for medical malpractice, expert witnesses are the most important pieces of evidence you will need. Expert witnesses are medical professionals who can testify how a doctor’s negligence breached the standard of care. They are generally required in malpractice cases since they have specialized knowledge and experience that non-medical personnel doesn’t have.
The Statute of Limitations May Bar Your Claim
If you’re considering suing your doctor for malpractice, you should know that there are certain time restrictions in a place known as the “statute of limitations.” The statute of limitations is a legal rule limiting the time you have to file a lawsuit.
Generally speaking, if the statute of limitations has passed before you file your claim, you won’t be able to pursue a malpractice lawsuit against your doctor. The statute of limitations varies from state to state, so it’s important to check the applicable laws in your state. In Indianapolis, the statute of limitations on medical malpractice is two years. However, certain exceptions can apply.
You Need Resources to Sue a Doctor
Suing your doctor for malpractice can be long and costly, so you must be willing and ready to spend your resources. This is a major factor behind most individuals settling out of court. Ultimately, they must rely on their negotiation skills to get something favorable out of the case.
Choosing the right attorney for your medical malpractice will help you expend less energy and resources to achieve maximum results. Don’t be afraid to lay your claims, just speak to a qualified and experienced lawyer.
Being a victim of medical malpractice often leaves you with a lifetime scar. Why will you allow it to slide when you can sue the perpetrator(s)? As laid out in this article, the five key takeaways on suing your doctor should guide you in making an informed decision. Talk to a medical malpractice lawyer in Indianapolis today to lay out your claims.