If a medical professional caused you harm with their actions or inactions, you could have grounds to file a lawsuit. However, these cases are exceptionally complicated, often requiring expert testimony and substantial evidence to prove fault.
Working with a reliable Kootenai County medical malpractice lawyer could greatly improve your chances of a favorable resolution to your case. Our hardworking and knowledgeable civil attorneys could review your case, gather the necessary evidence, and represent your best interests in and out of court.
A patient who is unhappy with a medical professional’s care cannot form the basis of a medical malpractice lawsuit. Further, a bad surgical outcome does not mean the provider or facility necessarily did anything wrong. Rather, a licensed medical professional must have acted negligently in connection with a patient’s diagnosis, care, or ongoing treatment to bear civil liability. In other words, you need to prove the professional’s actions or inactions, caused serious bodily injury that a competent doctor would not have caused.
For a successful medical error case, you must establish the following:
In Idaho, it is necessary to prove negligence through testimony from an expert medical professional with similar experience and skill. The expert will explain how the medical professional deviated from the standard of medical care, causing the plaintiff’s resulting injuries. Our knowledgeable Kootenai County medical negligence attorneys are able to locate suitable experts and obtain other valuable evidence to pursue these claims.
Medical malpractice claims can stem from several types of medical mistakes. Some of the most common errors at healthcare facilities include:
If a doctor or other medical professional strays from the applicable local standard of care,, that could be grounds for a medical malpractice claim. A patient could also file a lawsuit for improper treatment if the treatment was administered incorrectly.
If a doctor does not diagnose or misdiagnoses an illness, the patient could have a medical malpractice claim. If an earlier diagnosis from a competent doctor would have changed the patient’s ultimate outcome, then a viable case may exist.
Warning patients of known risks of a treatment or procedure is part of a medical professional’s duty of informed consent. If a healthcare provider did not tell a patient all the risks associated with a particular treatment, then they could be liable for any harm that occurs.
The state’s statute of limitations sets the time limit for a person to file a lawsuit with a court of law. Under Idaho Code §5-219, a person has two years to file a medical malpractice injury claim. The time starts running at the time of the malpractice. There is no tolling allowed for later discovered injuries. Therefore, it is important to seek out a second opinion and act diligently to determine whether an injury has occurred from the fault of a medical provider.
The statute does contain exceptions for the unintentional leaving of a foreign object during surgery and for a medical facility or provider concealing injuries from the patient. Under those circumstances, the statute of limitations will begin to run when a person knows or should know of the error. Our skilled medical malpractice injury lawyers in Kootenai County are available to answer questions on the statute of limitations and its exceptions.
Medical malpractice litigation is both complicated and complex. It is best to retain an attorney early so that timely review and investigation can occur. Moreover, in our experience, a lawsuit will likely have to be filed because early settlements are uncommon with medical malpractice claims.
If a doctor’s or medical facility’s negligence caused your injuries, contact a seasoned Kootenai County medical malpractice lawyer at our firm to schedule a consultation right away.
Owens, McCrea & Linscott, PLLC