Medical Malpractice FAQ

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What is medical malpractice?

Medical malpractice refers to any error that occurs in a medical setting because of a doctor or other medical provider's negligence or other malfeasance, which results in harm to a patient . People who have suffered injury, illness, or death because of medical malpractice may be eligible to seek compensation for their losses and suffering through a medical malpractice lawsuit.

What are some common medical errors that might result in a medical malpractice claim?

Some of the common medical errors that result in medical malpractice claims include misdiagnosis or failure to diagnose a patient's condition, prescription error , anesthesia or other surgical errors , errors that result in birth trauma or birth injuries , negligent or substandard care, and more.

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Who can be held liable for medical malpractice?

Depending on state law and the circumstances of the case, any of the following may be held liable for medical malpractice: physicians, surgeons, anesthesiologists, nurses, pharmacists, medical technicians, hospitals, and managed care organizations (HMOs and PPOs).

What damages am I eligible to recover through a medical malpractice lawsuit?

A victim of medical malpractice may be entitled to recover past and future damages including medical expenses , lost income or earning capacity , compensation for pain and suffering, and more .

What will I need to prove?

Medical malpractice cases are sometimes difficult to prove. The plaintiff must ultimately demonstrate that their injury was the result of negligence or wrongdoing on the part of the defendant . This often requires expert medical testimony verifying that the accepted standard of reasonable care was breeched.

How long do I have to file a medical malpractice claim?

A statute of limitations applies to all medical malpractice cases and essentially limits the time an injured party has to file a legal claim . Generally, the statute clock begins to run when the incident occurs or at the time the injury was discovered . So, statutes can vary depending on the precise circumstances of the case. They also differ from state-to-state. It is important to speak with a qualified medical malpractice attorney to preserve your legal interests.

What should I do if I think I have a medical malpractice claim?

If you or someone you love has suffered illness or injury as the result of medical malpractice, you should seek competent legal counsel as soon as possible . An experienced attorney can evaluate your case and determine the best course of action. Please contact us to speak with a qualified attorney in your area.

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