Medical Malpractice FAQ’s

What is medical malpractice?
Medical malpractice or medical negligence occurs when doctors, nurses, hospitals or other health care providers cause injury or death to an innocent patient by failing to provide suitable care. A medical malpractice lawyers can help determine if your health care provider did not provide acceptable care or if medical mistakes occurred.  Your lawyer can also help explain the medical-legal process and help you feel at ease.

Will I need an expert to prove I have been a victim of malpractice?
Almost always, Yes. In order for you to establish your medical malpractice claim, it will be necessary to prove what the standard of care is for handling a similar matter. In order to determine what should or should not have been done in your particular case, someone with the requisite education, experience and skill is needed to establish what the standard is. Many medical malpractice lawsuits are won or lost based upon the effectiveness of the expert. To maintain confidentiality and preserve your rights, you attorney will almost always hire these experts.


If I have been misdiagnosed is that considered malpractice?
Not necessarily. Medicine is not an exact science and the law doe not require doctors to be right every time they make a diagnosis. However, a misdiagnosis may be malpractice if your doctor neglects to: 

      - Get medical history 

      - Order the appropriate test for the illness 

      - Recognize the symptoms of the illness

There is no basis for a medical malpractice claim if you've not suffered any injuries as a result of the misdiagnosis and the consequent treatment.
 

Am I able to get a copy of my medical records?
The State law allows patients the legal right to obtain copies of medical records. A written request for copies of the medical records needs to be presented to the medical facility. This request should include your exact, correctly spelled, name, your social security number, your date of birth and your patient number.  It will generally take some time to obtain the records, and frequently requests need to be made in a number of areas.  You may need to contact a number of service providers. There is often a per page copy charge assessed to obtain these records.
 

What type of settlement can I expect if I have been a victim of medical malpractice?
Each medical malpractice case and injury is different. There is not a normal or set amount in recovering damages from medical malpractice. There are no parameters, unless dictated by state statute. There are many factors that determine a reasonable settlement amount. Only an attorney can give you an idea of what type of settlement you might be entitled to.  Contact an attorney  today to protect your rights.


If I signed a waiver or consent form, have I waived my rights?
Except in extraordinary emergency situations all medical treatment must be provided with the patient’s informed consent.  Patients sign a general consent form for treatment upon admission to a hospital.  A specific consent form is signed prior to having an invasive procedure or operation. The specific consent form that is for a procedure or operation must be signed by the patient indicating that the doctor has explained the nature of the patient’s problem, the suggested treatment as well as alternative treatments, the risks attendant to those various treatments and that the patient has had an opportunity to ask questions before consenting to the recommended treatment. Signing a consent form does not waive a patient’s right to bring a medical malpractice claim if the doctor fails to provide medical care in accordance with accepted medical practice. 
 

How do I know if I have a medical malpractice case?
In order for you to know if you have a medical malpractice claim, you need to have the assistance of experienced medical malpractice attorneys.  They will evaluate both the legal and medical aspects of your potential claim. The attorney must determine whether the injury, or the discovery of the injury, is within the Statute of Limitations. The attorney also must obtain all relevant medical records, and analyze them to determine if the medical facts support the claim. If the medical facts appear to support the claim, the attorney must select knowledgeable and articulate experts who are willing to review the potential case and be willing to testify at Trial in support of your claim. Only after your attorney has obtained the necessary expert testimony to support claims of medical negligence and the relationship of that negligence to your injuries, do you know that you have a case.
 

Can I find out if my doctor has had any medical malpractice claims?
Unfortunately, unless your doctor has been disciplined by your state’s licensing board, it is often not possible to determine the nature or the number of medical malpractice claims the doctor has had, except in the midst of a lawsuit. Some states have created an on-line database, accessible to the public, with medical malpractice information. However not all states have this resource.


Is there a statute of limitations on a medical malpractice claim?
The Statute of Limitations for a medical malpractice lawsuit varies from state to state and normally rangers from 1 year to 7 years. In addition to the general state Statute of Limitations described there are often specialized Statutes of Limitation that pertain to public entities, such as federal, state and local governments and their agencies. Because of these specialized Statutes of Limitation, you should bring any potential medical malpractice claim to the attention of an experienced malpractice attorney as soon as it is discovered in order to protect your rights.
 

If my doctor was negligent, does that mean I win?
Not necessarily. Sometimes, the negligence of the doctor will not cause you any increased harm or damage. You have to establish that the doctor, through negligence, violated the standard of care and that your doctor's negligence played a substantial role in causing you harm.

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