While it isn’t exactly easy to file a medical malpractice lawsuit, the process can be simplified when you have an experienced personal injury lawyer in Madison, MS working with you handling your case. The truth is, doctors work in an industry where complications often arise. For example, surgical procedures don’t always go as planned and sometimes, a patient may not be receptive to the treatment they are receiving.
While many are quick to blame a physician when either circumstance arises, the fact is, it is unlikely for a doctor to be held liable each time things don’t work in a patient’s favor. Doctors, surgeons, and other types of health care professionals can be held liable, however, when they make a mistake that was caused by their own negligent actions. But you are going to be responsible for proving this. Basically, you filing a lawsuit alleging a doctor made a mistake isn’t going to be enough to get the court to award in your favor or for the negligent party to agree to a settlement deal.
In fact, many doctors and hospitals, depending on who you are suing, may even deny the allegations made against them, placing the burden of proving they were negligent all on you. So, how can this be accomplished? Well, that’s what makes filing a lawsuit and winning your case so difficult.
Not only are you going to need to gather proof that will help support your case, but you will also need to file certain legal documents with the court in a timely manner. Doing this, however, has proven to be extremely challenging for the average person who has never had to file suit before which is why we strongly recommend you consider hiring a Madison, MS personal injury attorney with experience in handling medical malpractice cases. Ballard Law, PLLC, has been helping victims of car accidents, slip and falls, workplace accidents, and even medical malpractice for years, aiding them in recovering compensation for various damages they incurred as a result of the incident that transpired.
If you would like for us to assess your case, determine its value, and review with you the steps that must be taken in order for you to recover this amount, we urge you to give us a call at 769-572-5111.
What else makes suing a doctor and/or hospital challenging for a victim of medical malpractice?
Not only do most doctors and hospitals have lawyers of their own ready to refute any lawsuits that come their way, but there are also laws that are in place in the State of MS that are geared toward protecting professionals in the healthcare industry. What are these laws? Below we have identified a few and suggest you contact on our office to discuss the others that may prohibit you from suing the doctor who you believe caused you to suffer an injury or illness as a result of his or her negligent actions.
Laws that Protect Doctors and Hospitals in the State of Mississippi
- Statute of Limitations. The State of MS has set the statute of limitations for filing a medical malpractice lawsuit to two years. Essentially, what this means is that a victim of medical negligence has two years from the date they discovered their injury to bring a claim against a physician, hospital, or other healthcare professional if they suffered an injury as a result of negligence. After two years have passed, a victim may find that the court will not accept their case as the statute of limitations has passed.
Therefore, if you recently discovered that a physician made an error while performing a surgical procedure or misdiagnosed you which directly caused you harm, you need to be sure that you retain a MS personal injury attorney so that your claim can be filed with the court before the timeframe you are granted to file suit has passed.
- The medical malpractice reform act, HB2,2002 Third Extraordinary Session, “prohibits people from filing a lawsuit unless they give the defendant at least 60 days prior written notice” that they intend to take legal action against him or her.
Victims are also limited to a certain amount they can recover in a medical malpractice case which is one way physicians stay in business and victims are left struggling to meet the financial demands they incurred as a result of the doctor’s mistake.
Although there are plenty of laws that protect reckless healthcare workers, there are also laws in place that protect victims of medical malpractice. If you would like to learn more about what your rights are and how much you might be entitled to receive for the injuries you suffered, contact our office now to speak with a qualified personal injury attorney in Madison, MS.
You can reach Ballard Law, PLLC at:
108 S. President Street
Jackson, MS 39201