Medical Malpractice Is a Form of Personal Injury
Since a medical malpractice case involves a victim who was injured as a result of negligence, it’s considered a form of personal injury. However, unlike most personal injury claims, the statute of limitations for medical malpractice claims is five years instead of three. This allows potential victims more time to understand the scope of a particular procedure’s negative consequences.
Medical Professionals Are Held to a Certain Standard of Care
Since most medical professionals spend years studying their field in an institute of higher learning, they’re expected to conform to a certain standard of care. For example, a doctor with a medical degree should be able to make the correct diagnosis, or refer a patient to a doctor who can. If a doctor overlooks all of the clear symptoms of an illness and fails to make an appropriate diagnosis, he is likely guilty of medical malpractice.
Not All Medical Mistakes Are Considered Malpractice
Since the success or failure of many medical procedures can literally be the difference between life and death, patients and their loved ones get upset when medical professionals make mistakes. However, in order for a medical malpractice case to be valid, the medical professional needs to have been reckless or negligent. Accidents made during well-performed medical procedures are not malpractice, but simply human.
Have You Been a Victim of Medical Malpractice?
If you've been injured in a medical malpractice case, you need to speak with an experienced medical malpractice attorney as soon as possible. Please contact us online or call our Gaithersburg office directly at 301.840.0404 to schedule your free consultation.