- What
is "medical malpractice?"
Medical malpractice is a broad term generally
used to describe any treatment, lack of treatment, or other departure
from accepted standards of medical care, health care, or safety on the
part of a health care provider that causes harm to a patient.
Examples of medical malpractice are too numerous to list.
Medical malpractice can include, however, misdiagnosis, improper treatment,
failure to treat, delay in treatment, failure to perform appropriate
follow-up, prescription errors, etc. In many instances, medical
malpractice is not obvious to a lay-person and requires the review and
analysis by medical experts. Back To Top
- What
must be shown to prevail in a medical malpractice case?
While there are various types of medical malpractice claims, generally speaking,
a claimant must usually show the following:
- the
health care provider owed a duty to the patient
- the
health care provider breached that duty
- the
patient suffered an injury, and
- the
patient's injury was a proximate cause of the health care provider's
breach
A
physician owes a duty to a patient once a "doctor-patient"
relationship has been formed. Such a relationship is usually
formed when the physician agrees to care for the patient. Nonetheless,
even if it is established that a duty existed and the health care
provider breached that duty (eg. failed to meet the requisite standard
of care), a claimant may not recover unless the claimant suffered
injuries that were a direct result of the breach. If the breach
resulted in no harm to the patient, a claimant generally has no right
to recovery.
Back To Top
- What
is the first step in pursuing a medical malpractice claim?
The first step in pursuing a medical malpractice
case is suspecting that one may have been the victim of medical malpractice.
While not every bad result is due to medical malpractice, one who develops
a "gut feeling" that something was wrong should consult a
qualified attorney to review the matter, who often will consult with
medical professionals. This process often involves the obtaining
and review of medical records and other pertinent information.
If it is determined that one has a good case, the next step is usually
to give written notice of the claim to the individuals or entities that
are believed to have committed the medical malpractice.
Back To Top
- Will
I have to go through a trial in court before my case is finished?
While
some cases do require a formal trial proceeding, many of our cases are
settled before they go to court. Back To Top
- I've
heard that lawsuits take a long time. Is that true with malpractice
cases?
Malpractice
cases don't necessarily take any longer than other cases, but doctors,
hospitals, and insurance companies often try to drag them out. Malpractice
claims are often delayed because the doctor or hospital knows they will
ultimately have to pay. In other words, they know that they made a horrible
mistake. We work hard to prevent these
delays. Back To Top
- I
know lawyers can be expensive. How does your firm charge?
You
pay nothing unless and until we recover money for you. Our fee is a
percentage of that recovery. Back To Top
- I
have no idea how much money I should ask for or expect. What kind of
expenses are typically included in a settlement?
A
typical medical malpractice claim will include compensation for pain
and suffering, payment of medical expenses for treating the injury caused
by the malpractice and reimbursement for any past, present or future
financial losses that you have incurred as a result of the malpractice.
However, this varies by State. Back To Top
-
It's
taken me several months to work up the nerve to do anything about
my situation. Am I running out of time to file a lawsuit against my
doctor?
"Statutes of limitation" govern the length of time one has
to file a lawsuit or be forever barred from pursuing such claim.
Each State has different statute of limitations periods which apply
to personal injury cases under various circumstances. In some
cases, the statute of limitations may be as short as one year, while
under different circumstances, it may be eight years or more.
Many factors bear upon when the applicable statute of limitations
period expires including the age of the plaintiff, the type of personal
injury claim, the particular facts giving rise to the injury, and
others. One must make absolute certain that they are aware of
when their statute of limitations period expires, or risk jeopardizing
their legal rights. An experienced personal injury lawyer can
be of assistance in this regard. Back
To Top
-
Nothing
serious has happened to me yet, but I’m beginning to question
my doctor's care. What can I do to prevent malpractice?
The best advice we can give to you is to listen to your body. If your doctor tells
you that you're fine, but you don't feel fine, make another
appointment.
As
you are listening to your body, educate
yourself on what's happening. Use the library
and the Internet to find out about your symptoms and what tests are
usually run for them.
Have your doctor write everything
down for you. If your doctor denies you a particular test
or a referral to a specialist, have the doctor explain in writing
the reason for the denial. If the doctor won't write it down,
you should seek counsel by a qualified attorney. Back
To Top
- Have
I waived my rights because I signed a consent form?
This is a question asked by many. A consent form does not
give the health care provider a license to commit malpractice.
While the execution of a typical consent form indicates acknowledgement
of stated risks and complications associated with a given treatment
or procedure, it does not relieve the health care provider from his
or her duty of meeting the standard of care associated with such treatment
or procedure. Back To Top
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