Full question:
I am seeking assistance on behalf of a friend who has decided to file a malpractice case against her surgeon due to paralysis on her face and life long treatments. Her statue of limitations will expire tomorrow on 4/28/2010 and she was encouraged to file the complaint herself in court by her specialist. The problem is we don't know what form to use. I have looked at several sites about the form, but all pertained to forms after representation of an atty. Unfortunately, lots of attorneys' office said she has a valid case to pursue, but no one can look at her case to file the complaint in court by tomorrow. Please provide assistance as to what form to use to file the medical complaint or at least direct us to the site and we will download the forms ourselves. Than you and looking forward to your prompt reply.
- Category: Civil Actions
- Subcategory: Medical Malpractice
- Date:
- State: Virginia
Answer:
Medical malpractice is the failure of a medical professional to follow the accepted standards of practice of his or her profession, resulting in harm to the patient. Usually, proof of failure to comply with accepted standards of medical practice requires the testimony of someone with expertise in the area of medical practice. Some states have special evidentiary rules applicable to malpractice claims.
The standard of care is usually established by expert testimony on how similarly qualified practitioners would have managed the patient's care under the same or similar circumstances. At one time such standards were referred to as the "standard of care in the community" but, with the globalization of information and credentialing, standards are now often considered to be national and not just simply related to the community. There are, however, special circumstances, as when a community is physically isolated from the rest of a country, that national standards might not apply.
Many medical malpractices cases involve failure to diagnose, and therefore, a failure to treat a condition. It may be that the doctor should have ordered certain tests, or failed to interpret tests ordered properly. Often, someone other than the ordering doctor interprets the test and prepares a report, for which the doctor is responsible to read carefully. In order to claim damages, a plaintiff must show that the condition was worsened by a failure to obtain timely treatment caused by the lack of or incorrect information. Malpractice that results in death can give rise to two separate claims: a malpractice claim for personal loss and suffering prior to death, enforceable by the decedent's personal representative, and a wrongful death claim for monetary loss to the decedent's spouse and next of kin.
Defendants in a medical malpractice case often claim that the injury complained of wasn't caused by their actions/inactions, were the result of the actions/inactions of another, or were caused by a pre-existing condition of the plaintiff's. Contributory and comparative negligence laws vary by state.
Whether the standard of care was below acceptable levels will need to be determined by a medical professional after reviewing the medical records. Medical malpractice cases are complex and involve complicated medical issues. I suggest contacting a local attorney who specializes in medical malpractice and can have the medical reviewed by a medical expert. Many attorneys provide a free consultation and will take cases medical malpractice cases on a contingency basis.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
