I am very sorry for your loss. As to your question about the time frame of bringing a claim, each state has time limits with regard to bringing lawsuits for medical malpractice. You will need to consult with an attorney in your area as soon as possible as to that issue. Generally speaking medical malpractice cases can be difficult to prove as to any of the three main issues, those being liability, causation and damages. To prove liability you have to show that your healthcare providers breached the prevailing professional standard of care. To show causation you have to prove that the breach caused injury to you and then you have to prove your damages. If you fail to prove any of these threes elements your case will likewise fail. You really need to consult with an attorney in your area who is experienced in medical malpractice cases. You can find one on avvo.com. Good luck to you and your family.
The information provided by me should not be considered legal advice and does not establish an attorney-client relationship. I am licensed to practice law in Florida and you should consult with an attorney in your area for legal advice. The information exchanged on avvo.com is not privileged and you should not share confidential information over this forum.
Mr Costantino has provided you good advice and information. The medical malpractice laws vary from State to State. However, even though you are the victim, you carry the burden of proof on the three critical issues referenced by Mr Costantino. I too would encourage you to consult with an expereienced med-mal attorney in your area.
I am also attaching a link to our law firm's publication on Medical Malpractice Cases in Alabama. While this is specifically written based upon Alabama's legal standards for med-mal claims and cases, I think it will give you a better understanding of the three elements of a med-mal case: Liability, Causation and Damages. Good luck and I hope this helps.
I agree with my colleagues who have suggested that you speak to a qualified attorney in your area. You should do so without delay, because there are time limitations for bringing this (or any) type of lawsuit, and medical malpractice claims in particular can take a while to properly investigate and prepare for filing. In order to ensure that you give an attorney sufficient time to prepare your case and get it filed on time, don't delay! Good luck to you.
Jennifer Keel is licensed to practice law in Colorado, California, Maryland, the District of Columbia, and Minnesota (inactive status). Her law firm is able to handle cases across the country, however, in any state. Mrs. Keel's response to your legal question is not legal advice and does not create an attorney/client relationship. Rather, it is intended to provide general information about the matter within the question, with the understanding that questions posted in this forum often lack important fact details, which, if disclosed, may change the nature of the response, or even render it incorrect. Those with legal questions are advised to contact an attorney in their area who can provide a thorough consultation before making decisions on legal matters such as those discussed herein.
To properly determine whether you have a viable medical malpractice claim, it is always advisable to have a knowledgeable attorney review your medical records as quickly as possible. Most experienced medical malpractice lawyers will pay for the cost of ordering these records, so that you need not pay money up front for this purpose. Many fact situations initially sound like error by the medical professional, but upon later examination of the records are found to be consistent with the medical standard of care in a particular jurisdiction. Also, depending on the nature of the procedure, the injury may be one of the risks inherent in such a procedure.
However, a great many injuries that result each year are indeed the result of doctor, nurse, and hospital error and can be properly termed as medical malpractice. In such circumstances, the medical provider certainly deserves to be the subject of a malpractice lawsuit and certainly deserves to be held completely accountable for the injuries that have been caused. Although it easy to guess whether your particular injury is, in fact, the result of malpractice, it is always best to have the attorney order the medical records at no cost to you, and have them professionally evaluated. Only then, can you be certain.
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Whether you have a viable case depends on a variety of factors which would require a review of the medical records. Fallopian tube rupture is a commom complication of ectopic pregnancy. There may be liability if your physician should have recognized your pregnancy as ectopic and acted sooner to save the fallopian tube. Even if you can prove that, damages may be difficult to establish if you are still able to become pregnant or already have children. I'd be happy to share my thoughts in more detail if you provide more information.
Your claim is probably governed by one or more limitations periods. This means that you must take certain actions within a certain period of time to preserve all of your rights. The limitations period can be very short. I encourage you to speak with a lawyer who handles medical negligence cases in your area as soon as possible. I would be happy to help you find someone
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