Medical Malpractice

Medical Malpractice Frequently Asked Questions

What constitutes medical malpractice?

Medical malpractice occurs when a healthcare professional or institution provides a patient with negligent treatment that departs from the accepted standard of care met by professionals with similar training and experience, resulting in an injury to the patient.

What should I do if I suspect I have a medical malpractice case?

First, you should speak with a medical malpractice lawyer as soon as possible. Tell the medical malpractice attorney about your medical treatments and doctor visits, from the initial consultation to the last follow-up appointment. If possible, get a copy of your medical records and bring them to your initial consultation with your medical negligence lawyer. Remember, every state has a time limit for filing a medical malpractice claim, known as the medical malpractice statute of limitations, so it's important to speak with an attorney as soon as possible. For a free case review with a medical malpractice lawyer, fill out our free case review form.

If I am unsatisfied with the outcome of my surgery, can I file a medical malpractice claim?

Generally, a specific result of a surgical procedure cannot be guaranteed and an unexpected or unsuccessful outcome does not always constitute medical negligence. To have a successful medical malpractice lawsuit, the injured patient must prove that their injury or damages were caused by the physician's deviation from the accepted standard of care.

I was prescribed a drug for treatment, but was never told that I was partaking in an experimental treatment. Do I have a case for medical negligence?

Your doctor had an obligation to inform you that the drug was experimental, and you had the right to refuse such treatment. You may be able to pursue a medical malpractice claim because the physician failed to obtain your informed consent. However, only a medical malpractice attorney can determine whether your claim is valid.

What is informed consent and how does it pertain to medical malpractice claims?

Although the exact definition varies between states, informed consent refers to the duty medical professionals have to inform their patients of the risks, benefits and alternatives to their medical treatments. Informed consent also means that the doctor must obtain the patient's written permission to induce such treatment. Failure to obtain informed consent may be grounds for a medical malpractice lawsuit.

If I signed a consent form to receive a medical procedure, can I still pursue a medical malpractice lawsuit?

Yes. A signed consent form does not relieve the liability of a doctor who negligently performed a medical procedure. If you can show that the doctor did not meet the acceptable standard of care, and you were injured as a result, you may still be able to collect medical malpractice damages.

How do the courts determine whether a medical professional was negligent?

In medical malpractice cases, the jury will take into account the testimonies of medical experts who will provide an opinion as to whether the doctor's actions met or failed to meet the accepted standard of care.

Are doctors the only healthcare professionals that can commit medical malpractice?

No. There are many types of medical malpractice, ranging from surgical malpractice to hospital negligence. Surgeons, nurses, obstetricians, dentists, psychiatrists and psychologists are among the common defendants in medical malpractice cases.

How can I benefit from filing a medical malpractice claim?

A medical malpractice lawsuit is the only legal recourse available for patients who were negligently injured by their doctors. A medical malpractice lawsuit can award the injured patient with compensation for economic losses, such as lost wages and medical expenses, and non-economic losses, such as pain and suffering. To find out if you are eligible to file a medical malpractice lawsuit for your injuries, fill out our free case review form today to contact a medical negligence attorney.