Gulfport Medical Malpractice Lawyer
Medical malpractice law is complex, and related civil cases can be more intense than other injury-related claims. Many victims look towards a Gulfport medical malpractice lawyer to help them navigate this often-confusing and discouraging period. A dedicated personal injury attorney could help you understand legal issues, collect and present medical evidence, and take advantage of your legal rights and options.
Medical Malpractice Liability and Damages
To earn compensation on behalf of an injured plaintiff, a Gulfport medical malpractice attorney must be able to prove both defendant liability and the plaintiff’s damages. This process usually starts by establishing that the defendant owed a specific duty of care to the patient and that by negligence or omission the doctor deviated from the standard of care and breached his or her duty to the patient. In order to prove liability in a medical malpractice case, a medical malpractice lawyer has to have the medical records reviewed by another medical professional who practices in the same area – and liability can only be shown if such a professional is willing to testify that the minimum standard of care was breached.
For damages to be recoverable, though, a plaintiff must also prove that he or she suffered an injury which led to damages as a direct result of the defendant’s malpractice. For example, if a doctor prescribes the wrong dose of medication for a patient, the patient may need additional medical care, miss time from work, not be able to enjoy his or her life, or even suffer permanent consequences. Recoverable damages, in this case, could include lost wages, medical bills, pain and suffering, and loss of enjoyment of life.
Time Limits to File a Gulfport Doctor Malpractice Case
The statute of limitations addresses how much time a plaintiff has to file a lawsuit after he or she suffers an injury caused by someone else. As per the Mississippi Code § 15-1-36, this time limit for medical malpractice is two years for medical professionals and/or hospitals in private practice. Those hospitals who are part of a government entity (such as many County hospitals, for example) and medical professionals who are employed by them are subject to a one-year time limit to file a lawsuit pursuant to the Mississippi Tort Claims Act.
The one-year and/or two-year time limit begins on the date that the healthcare provider committed the malpractice or the date that the malpractice should have been discovered with reasonable diligence. This latter possibility is referred to as the discovery rule. If a plaintiff or his or her medical malpractice lawyer in Gulfport decide to rely on this discovery rule, he or she must be able to prove that the alleged malpractice was not discovered when it occurred and that it could not have reasonably been discovered until the date that it was.
Speak with a Gulfport Medical Malpractice Attorney Today
If you or a loved one suffers from an injury that may have been caused by a negligent doctor or another medical professional, now is the time to act. Do not let your legal options slip away by procrastinating when it comes to contacting a seasoned Gulfport medical malpractice lawyer. Representation from a skilled attorney could help make recovering from your injuries much less stressful.
Through a settlement or a court award, you could receive the compensation that you are entitled to for the damages you have suffered. Get your questions answered and your case evaluated by calling today to schedule a free consultation.