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FAQ's on Medical Malpractice Questions
- What is "Medical Malpractice"?
- What must be shown to prevail in a medical malpractice case?
- What is the first step in pursuing a medical malpractice claim?
- Will I have to go through a trial in court before my case
is finished?
- I’ve heard that lawsuits take a long time. Is that true
with malpractice cases?
- I know lawyers can be expensive. How does your firm charge?
- I have no idea how much money I should ask for or expect.
What kind of expenses are typically included in a settlement?
- 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?
- Nothing serious has happened to me yet, but I’m beginning
to question my doctor’s care. What can I do to prevent malpractice?
- Have I waived my rights because I signed a consent form?
1) 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.
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2) 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.
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3) 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.
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4) 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.
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5) 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.
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6) 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.
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7) 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.
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8) 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.
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9) 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.
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10) 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.
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