- 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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