The statute of limitations on medical malpractice cases varies from state to state. In many states, however, the law requires that victims of medical malpractice file their lawsuit within two years of the malpractice event (or within two years of the victim discovering the malpractice occurred).

Two years is not a long time when you consider how hectic life can be, particularly when someone is dealing with the fallout of severe injuries from medical malpractice. It is critical that you hire your medical malpractice attorney in Cape Girardeau as soon as possible so they can draft and file your case before the statute of limitations expires.

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What Happens If You Miss the Statute of Limitations for Your Medical Malpractice Case?

If you do not file your medical malpractice case within the statute of limitations, you may be unable to seek the compensation you deserve for malpractice-related damages. This may mean:

• You pay out of your own pocket for medical expenses
• You suffer lost income and other professional damages without financial relief
• You may have to forego medical and mental healthcare because you cannot afford it
• Your quality of life suffers immensely because of the effects of the malpractice (and the lack of a financial recovery)

If two years have passed since your medical malpractice event, do not assume you cannot file a lawsuit. There can be exceptions to the filing deadline, and the clock for the statute of limitations may have started later than you assume.

Speak with a medical malpractice lawyer so they can evaluate your case, explain your legal options, and file your lawsuit as soon as possible.

Am I Eligible to File a Medical Malpractice Lawsuit?

You may be eligible to file a medical malpractice lawsuit if you are the victim of negligence. Medical professionals are negligent when:

• They owe a patient a duty of care: Every medical professional owes their patients a duty of care, so this step is a given. The duty of care in medicine requires that a medical professional treat a patient as another reasonable medical professional would in the same circumstances.

• They violate the duty of care: When a medical professional acts unreasonably, they may violate their duty of care.

• The breach of the duty of care causes a harmful event: When a medical professional’s unreasonable actions cause the patient harm, they expose themselves to a medical malpractice lawsuit.

• The victim suffers damages because of the medical provider’s negligence: Damages are common when medical professionals breach their duty of care. Pain and suffering, lost income, and medical expenses are among the types of damages you may suffer because of malpractice.

There are three primary outcomes that may lead you to file a medical malpractice lawsuit, which are:

• Disease caused or allowed to progress because of medical negligence
• Injuries resulting from medical malpractice
• A wrongful death caused or allowed by medical malpractice

A medical malpractice attorney can help if you have suffered any of these outcomes due to errors by medical providers, medical institutions, or others in the medical field.

Common Examples of Medical Malpractice

The American healthcare system is a complex web of providers, and malpractice can occur in:

• Doctors officers
• Hospitals
• Walk-in clinics
• Diagnostic labs
• Surgery centers
• Delivery rooms
• Pharmacies
• Nursing homes
• A home or apartment where a patient receives care
• Any other facility where professionals provide medical services

Medical errors can occur at any stage of the patient experience, and common instances of medical malpractice include:

• Misdiagnosis
• Delayed diagnosis
• Failure to warn the patient of risks
• Instructing a patient to undergo unnecessary or dangerous treatment
• Surgical errors
• Failure to provide necessary treatment
• Errors during childbirth
• Practicing in unsterile conditions
• Using defective medical equipment
• Medication errors

Whenever a medical provider, medical equipment manufacturer, drug manufacturer, or administrator falls short of their duty of care, the victim deserves justice.

Should I Hire a Medical Malpractice Attorney to Represent Me?

Medical malpractice cases can be immensely complicated, so you are always best served having an experienced med mal lawyer represent you. Specific reasons to hire a medical malpractice lawyer include:

• The complicated nature of medical malpractice: Your case may involve information about medical procedures, standards of care, ailments, and other complex concepts. To win a case, the person handling the lawsuit must have a strong understanding of such concepts.

• The burden of proving a medical provider’s negligence: Simply understanding the medical concepts in your lawsuit is not enough. Your lawyer will need to go a step further by proving that the defendants breached their duty of care.

• The time and effort required to complete a lawsuit: Any lawsuit can be a stressful, time-consuming, effort-intensive process. Because medical malpractice lawsuits are often highly technical, they may be more demanding than most case types.

• The high financial stakes in medical malpractice cases: The effects of medical malpractice can be genuinely life-altering. This often means that plaintiffs in malpractice cases deserve large financial recoveries. Therefore, the risk of losing your case is immense, while the potential reward may also be substantial.

• The likelihood that defendants have lawyers: Medical providers know malpractice lawsuits are inevitable. Therefore, they may have experienced lawyers ready to fight your case. You deserve a lawyer of your own to fight for your best interests.

You deserve to focus on your health and recovery. Malpractice events can cause not only physical injuries but also severe psychological and emotional trauma. Receive the treatment you need while a medical malpractice lawyer handles your lawsuit.

What a Medical Malpractice Lawyer Can Do for You

Before hiring a lawyer, you should have clear expectations for the services they will perform. A quality medical malpractice lawyer will serve you by:

Investigating and Detailing the Malpractice

Your lawyer will gather all relevant information about the malpractice that has caused you harm. They will obtain all relevant evidence, which may include:

• An incident report from the medical provider who committed malpractice
• An expert’s opinion about negligence by liable medical providers
• Photographs of dangerous conditions related to your case
• Eyewitness testimony detailing the malpractice

Medical malpractice attorneys understand the types of evidence that can benefit their clients’ cases. Allow your lawyer to gather such evidence right away.

Documenting Damages You’ve Suffered Because of the Malpractice

Your legal team will exhibit the harm you’ve suffered because of medical malpractice. Documentation of your malpractice-related damages may include:

• Photographs of injuries
• Medical images of injuries
• Bills for corrective medical care
• Expert testimony (and your own testimony) about your pain and suffering
• Employer testimony and income statements illustrating your professional damages
• Any other proof of your economic and non-economic damages

Medical malpractice causes a broad spectrum of damages. Your attorney will prove exactly how medical malpractice has affected you.

Calculating How Much Compensation You Deserve

Your attorney will set a precise financial target for settlement negotiations. This target will be based on your current and future damages.

Drafting and Filing the Lawsuit (and All Other Paperwork)

It is imperative that your lawsuit is filed on time in the proper legal venue. Your lawyer will promptly draft the suit, inform liable parties, and move forward with your case. They will handle all other paperwork necessary to complete your case.

Negotiating a Settlement with Liable Parties

Attorneys counsel their clients, protect their clients, and negotiate for their clients. Negotiations are a pivotal point in any medical malpractice case, and your lawyer will:

• Promptly organize evidence and documentation so they can negotiate as soon as possible
• Present all relevant case materials to liable parties
• Explain their calculation of your damages
• Work with liable parties to reach a fair financial agreement

Your lawyer will make a good-faith effort to reach a fair settlement pact. Hopefully, liable parties will approach negotiations with the same good faith. However, one reason for hiring a lawyer is that you can always go to trial if liable parties don’t offer a fair settlement.

Taking Your Case to Trial, if Necessary

Medical malpractice cases go to trial when plaintiffs and defendants cannot reach a settlement agreement. Often, agreements don’t materialize because liable parties refuse to accept financial responsibility for their negligence.

If your attorney experiences resistance when seeking a settlement, they will take your case to trial. Trials can be lengthy, complicated processes. Letting a lawyer handle this important process for you may be best.

Managing Every Other Detail of the Legal Process

It is impossible to predict what challenges a medical malpractice case will present. Your attorney will handle every case-related responsibility in stride, maintaining the mission of obtaining the money you deserve.

Recoverable Damages for Victims of Medical Malpractice

The unique nature of your damages will determine how much compensation you deserve. Common recoverable damages among malpractice victims include:

• Medical bills for malpractice-related care: You should never have to pay for negligent medical care. Your lawyer will seek compensation covering medical bills for negligent medical services. Your attorney will also include the cost of any medical services necessary to correct the effects of medical malpractice.

• Pain and suffering: Injuries and other effects of wrongful death can cause physical pain, psychological distress, and other forms of pain and suffering. When a medical provider violates your trust, you may also face fear of seeking medical attention in the future. This illustrates the complicated nature of pain and suffering among medical malpractice victims.

• Lost income: If you lose income, lose earning power, or suffer any other professional damages because of medical malpractice, your lawyer will demand fair compensation for such professional damages.

• Therapy and other mental health services: You may need treatment to relieve the effects of your pain and suffering. Your lawyer will work with your mental health providers and seek fair treatment for such treatment.

• A loved one’s wrongful death: Medical malpractice can have fatal consequences. If you have lost a loved one because of a medical provider’s negligence, your lawyer will seek fair compensation for funeral costs, loss of consortium, and all other damages resulting from the fatal event.

Attorneys’ mandate is to secure the compensation their client deserves. Your legal team will create a detailed record of your damages and fight for all the compensation you are entitled to.

Who Pays the Cost of Medical Malpractice?

The facts of your case will determine who is financially responsible for your damages. Potential defendants in a medical malpractice case include:

• Doctors
• Nurses
• Pharmacists
• Medical facility owners
• Medical administrators
• Drug manufacturers
• Medical device manufacturers

Any party in the medical field who causes harm to a victim can be a defendant in a medical malpractice case. Your attorney may find that numerous parties owe you compensation for your malpractice-related damages, and your lawyer will demand fair payment from all liable parties.

How Should I Choose My Medical Malpractice Attorney?

As you research law firms who can lead your case, consider the following:

• Whether the law firm features medical malpractice cases prominently on its website
• What case results the firm has achieved in medical malpractice cases
• Whether former clients talk positively or negatively (generally speaking) about the law firm in reviews
• Whether you feel comfortable with the law firm’s representative during your free consultation

Remember that there are typically statutes of limitations for filing medical malpractice lawsuits. Start your search for a law firm today, and don’t hesitate to hire the most qualified med mal attorney to lead your case.