Medical Malpractice Claims Considering Brain Injuries
What Are Medical Malpractice Claims?
When a person has been hurt in an accident, becomes ill, or if it is a woman giving birth to a newborn, the last thing to expect is for the medical practitioner to commit some form of malpractice that results in a brain injury.
Routine procedures that require a trip to the hospital should never leave a person with brain injuries due to medical malpractice. The sobering fact is that many Americans visit hospitals every year and end up in worse condition than when they arrived.
A few of the most common forms in which medical malpractice could lead to a brain injury is:
- During a person’s surgical procedures
- During a newborn’s birth
Both are very tragic and unexpected occurrences and can lead to a lifetime of hardship physically, emotionally and most sever, financially.
Time Limits and Restrictions to File for a Brain Injury Claim
When a person has suffered brain injuries due to medical malpractice, this victim or his or her representative do not have a lifetime to file a claim.
Every state has implemented different time restrictions that need to be followed in order to be able to file a claim and seek compensation for damages. These time restrictions and limitations are known as statute of limitations.
It is important to note that simply filing the claim in the required time frame does not entail a successful lawsuit that will bring the award to the victim. Time restrictions are simply the initial step in managing and providing some restriction for the claim.
To file a claim in the State of California, if a person has been injured due to medical malpractice, this person has one year from the time the victim knew or should have otherwise known of the injury caused by the medical malpractice or three years from the actual incident, whichever one comes first.
There are various other important factors that need to be made in order to commence the lawsuit.
- For example, in many regions, it is necessary to first present the intent to file a lawsuit to the medical practitioner the victim is looking to sue.
- Further, if the medical facility where the incident occurred is a public or government facility, the claims process can also be different and require other steps.
As we can see, just from the type of injury, and the varying time frame, brain injury claims with regards to medical malpractice need professional attention to ensure the best possible outcome.
When a person is seeking to file for a medical malpractice claim due to a traumatic brain injury, the best resource he or she can have is the help and support of a qualified attorney. An attorney who has experience in medical malpractice claims for brain injuries will be able to know when it is appropriate to file the claim. Further, he or she will also be able to inform the victim of other necessary steps that need to be made during the filing process. Real expectations about potential settlements and or jury verdicts would also likely be discussed.