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Frequently Asked Questions About Medical Malpractice
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 which causes harm to a patient. Medical malpractice can include 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 and requires the review and analysis of medical experts.
2. Who can be held accountable for medical malpractice?
Generally speaking, a medical malpractice claim may be pursued against those who provide negligent medical or health care to a patient, including, physicians, nurses, hospitals, etc. In certain instances, the employers of the health care providers may be liable for the actions of their negligent employees as well. In such cases, medical malpractice claims may also be brought against the partnerships, professional associations, and corporations that employed the negligent health care provider(s) at the time of the malpractice.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, who often will consult with medical professionals, to review the matter. 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.4. How does one know if one has a "good case?"
Given that each case turns upon its own facts, determining the merits of one's case usually involves a two-pronged process. A medical review must be conducted to evaluate whether or not the medical professional(s) in question acted, erred, or failed to act in such a manner so as to fail to meet the appropriate standard of care under the circumstances. A review of the case must also be made by an attorney in order to determine the viability of the claim from a legal perspective, often considering such factors as the statute of limitations, the potential recovery, the ability to collect upon a judgment if obtained, etc. Many factors and considerations go into such an analysis. Given the complexity of the medical and legal issues, one who suspects that they may have been the victim of medical malpractice should consult a qualified attorney who can, along with the assistance of medical professionals, analyze the merits of one's claim.5. What if I am told that I do NOT have a "good case?"
A determination as to whether or not one has a "good case" often depends upon the professional judgment (based upon many factors and considerations) of medical experts and attorneys. It is not uncommon for attorneys and medical experts to disagree about the merits of a particular case. Therefore, it is recommended that one seek a "second opinion" from one or more qualified attorneys if initially told that one's case is without merit.6. How long will a medical malpractice case take?
There is simply no easy answer to this question. Most cases, including medical malpractice cases, are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation or even on the "steps of the courthouse" just before trial. A medical malpractice case, if litigated to trial, could last a number of years. One who pursues a medical malpractice case should understand from the outset that a quick resolution can never be guaranteed.7. When must one make a claim before it is barred?
Generally speaking, a victim of medical malpractice has a limited time period in which they must pursue their claim or be forever barred. This period of time varies from state to state, and exceptions do exist under the law in certain circumstances. One who believes that he or she may have been the victim of medical malpractice should always seek the advice of an attorney without delay. Furthermore, given that a medical and legal analysis must be done prior to filing a lawsuit, one should not wait until the statute of limitations period is nearing its end because the attorney may not have time to complete the review prior to its expiration.It is also advisable to consult an attorney as soon as possible for other reasons as well. Memories of the event(s) in question tend to fade in witnesses, potential witnesses may later be unavailable because they have moved, become incapacitated, etc.
8. What about the costs involved in pursuing a medical malpractice case?
Many attorneys will agree to handle medical malpractice cases on a "contingency fee basis." This usually means that the attorney will not charge an hourly rate for his services, but instead will be paid a percentage of the recovery in the event of a settlement or judgment. In many instances, such attorneys will also pay the case development expenses (such as expert fees, deposition costs, etc.) with the understanding that the attorney will recoup such costs out of the recovery. Thus in many cases, one may be able to secure legal representation without having to pay any attorney's fees or expenses out of one's own pockets.9. Where can I find more information?
For more information about pursuing a medical malpractice claim, you may contact the sponsor of this website, Powless Law Offices, toll free at (888) 922-2889. There is no charge for this consultation.
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POWLESS LAW OFFICES
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