A victim of medical malpractice has two years to file a claim again the negligent party for the injuries they received. In very rare situations, the two years will be extended if the injury was not reasonably ascertainable until sometime later. If you or someone close to you have fallen victim of an injury, contact a medical malpractice lawyer in Junction City, KS as soon as possible.
Who Is Responsible in Medical Malpractice Cases?
A medical care provider is an organization or individual that is certified and/or licensed to provide medical care to patients. These individuals could be a:
- Dentist
- Nurse
- Physician
- Optometrist
- Pharmacist
- Mental health technician
- Physical therapist
- Respiratory therapist
- Physician assistant
Proving a Medical Malpractice Claim
The burden of proof rests with the individual who has been a victim to prove their case. A victim must prove that their physician owed them a duty of care. They must also prove they suffered an injury and the towed duty of care was not met. It must prove that the breach of the duty of care was the cause of the injury.
These high standards of proving a medical practice claim require the knowledge of a medical malpractice lawyer in Junction City, KS. They can evaluate the evidence surrounding the case and determine if the victim will be held for any portion of their injury.
Comparative Fault
If a victim is responsible for a portion of their injury, their portion could reduce their financial award. An example of this law is if an individual was awarded $10,000 and was 20% responsible for their injuries, their settlement would be reduced by $2,000. There are several ways an insurance company can use a victim’s behavior against them in an attempt to reduce the amount of money they could receive.
Most cases will be settled out of court before the case has to go to trial. Oleen Law Firm has been helping victims or surviving family members with their medical malpractice claims. Do not let an insurance company bully you into a settlement for less than what you feel you are entitled to have.
