FREQUENTLY ASKED MEDICAL MALPRACTICE QUESTIONS

What is medical malpractice?
Medical malpractice refers to negligence or wrongdoing by a healthcare professional that results in harm to a patient. This harm can include physical injury, illness, emotional distress, or even death.

What are common examples of medical malpractice?
Common examples include misdiagnosis, surgical errors, medication mistakes, birth injuries, anesthesia errors, and failure to obtain informed consent.

How do I know if I have a medical malpractice case?
If you believe you have been harmed due to a healthcare provider’s negligence, consult with a best medical malpractice attorney to evaluate your case.

What damages can I recover in a medical malpractice lawsuit?
Victims of medical malpractice may be entitled to compensation for medical expenses, lost wages, pain and suffering, disability, rehabilitation costs, and other related damages.

Is there a time limit for filing a medical malpractice lawsuit?
Yes, there is a statute of limitations for filing medical malpractice claims, which varies by state. It’s crucial to consult with a skilled medical malpractice lawyer promptly to ensure your claim is filed within the applicable time frame.

Do I need expert testimony to prove medical malpractice?
In most cases, expert testimony from qualified medical professionals is necessary to establish the standard of care and demonstrate how the defendant’s actions deviated from that standard, leading to harm.

Can I sue a hospital for medical malpractice?
Yes, hospitals can be held liable for medical malpractice if their employees, such as doctors, nurses, or staff, commit negligent acts that result in harm to patients.

What if I signed a consent form before treatment?
Signing a consent form does not absolve healthcare providers of their duty to provide care according to accepted standards. However, it may affect the type of damages you can recover in a medical malpractice lawsuit.

How long does a medical malpractice case take to resolve?
The duration of a medical malpractice case can vary depending on factors such as the complexity of the case, availability of evidence, and whether the case goes to trial. Some cases may be resolved in months, while others can take years.

Do most medical malpractice cases go to trial?
No, many medical malpractice cases are settled out of court through negotiation or alternative dispute resolution methods. However, some cases may proceed to trial if a settlement cannot be reached.

Can I afford to hire a medical malpractice lawyer?
Most medical malpractice lawyers work on a contingency fee basis, meaning they only receive payment if you win your case. This arrangement allows victims to pursue legal action without upfront costs.

Can I sue for medical malpractice if I signed a waiver or release form?
Waivers or release forms may limit your ability to sue for certain types of injuries, but they do not necessarily prevent you from pursuing a medical malpractice claim if negligence occurred.

What if my injury occurred during a clinical trial or experimental treatment?
Healthcare providers conducting clinical trials or experimental treatments still have a duty to provide care according to accepted standards. If negligence or misconduct occurs, you may have grounds for a medical malpractice claim.

Can I sue a doctor for emotional distress without physical injury?
While it’s more challenging to prove emotional distress claims without accompanying physical injuries, it may still be possible in certain circumstances, especially if the distress resulted from extreme negligence or intentional harm.

What if a family member died due to medical malpractice?
Surviving family members may have grounds for a wrongful death lawsuit against the responsible healthcare provider or institution. Damages may include compensation for loss of companionship, financial support, and funeral expenses.

Can I file a medical malpractice claim against a dentist or chiropractor?
Yes, healthcare professionals such as dentists, chiropractors, and other non-physician providers can be held accountable for medical malpractice if their actions result in harm to patients.

Is there a cap on the amount of compensation I can receive in a medical malpractice case?
Some states have caps on certain types of damages in medical malpractice cases, such as non-economic damages for pain and suffering. However, these caps vary by jurisdiction and may not apply in all cases.

What if I can’t afford medical treatment for my injuries?
In some cases, your Law Leaders member medical malpractice attorney may be able to arrange for medical treatment on a lien basis, meaning healthcare providers agree to be paid from the proceeds of your settlement or verdict.

Can I file a complaint with a medical licensing board for medical malpractice?
Yes, you can file a complaint with the appropriate medical licensing board against a healthcare provider accused of medical malpractice. However, this process is separate from a civil lawsuit and may not result in financial compensation.