Medical malpractice can cause lifetime scars and may even take your life or that or your loved one. Astoundingly, they’re even the third leading cause of death in the United States. Unfortunately, many cases that people believe would be subject to a medical malpractice claim aren’t actually valid. Here are some of the top reasons why your medical malpractice claim isn’t valid:
The Standard of Care Was Met
The standard of care for medical malpractice cases refers to a baseline level of care that one should expect a medical professional to perform. The following factors impact what can be expected from a standard level of care:
- Location
- The required education levels for the position
- What would constitute sound judgment for the position
This definition is purposefully vague and leaves plenty of room for error on the part of doctors. In order to have a valid medical malpractice claim, you’ll have to establish that not only did the doctor isolate this standard, but that this is likely responsible for your injury. If you’ve received medical treatment that is below the standard of care, it’s important to speak with a lawyer who is qualified in pursuing medical malpractice cases as soon as you discover your injury.
The Statute of Limitations is Over
Sadly, if you’re the victim of medical malpractice, your claim may not be valid because you discovered your injury too late. Victims typically only have two years to file a claim after they discover their injury. In the vast majority of cases outside of cerebral palsy claims, victims only have four years after their procedure to file a claim, regardless of when they discover their injury. If you found out you were a victim after this period, it’s unlikely you can obtain compensation.
You Suffered from Known Risks
Every invasive procedure, medication, or other care prescription carries risks. If you were properly informed of them prior to your surgery or medication prescription and were unlucky enough to be one of the people that has an adverse outcome, you might not have a legitimate claim so long as your medical providers met the standard of care.
Your Condition Worsens or is Untreatable
Medical care can work wonders on the human body, but even modern medicine has its limits. There is no guarantee that your body will respond positively to care, especially in the case of a serious, terminal illness. The fact that your condition did not improve, worsened, or is untreatable after medical care is not sufficient grounds alone for a medical malpractice case.
Only Certain People Can Sue for Medical Malpractice
If a beloved friend or family member died from what you believe to be medical malpractice, you may not be able to sue on their behalf. Generally speaking, the following people are the only ones who can sue on someone else’s behalf in a medical malpractice case:
- A victim’s spouse
- Children under the age of 26
- In certain cases, dependents
If your relationship is outside one of the handful described above, you may not be able to pursue a medical malpractice case on your friend or loved one’s behalf.
Knowing if you have a valid medical malpractice claim before beginning to pursue it can save you time and heartache if it doesn’t qualify. On the other hand, this information may prepare you to take the necessary steps to bring your case to court if it does qualify. Working with an experienced medical malpractice lawyer can give you the advantage you need against your hospital, the doctors involved, and any other responsible parties to get the compensation you deserve.
