In many cases, medical malpractice lawsuits can be very complex. Medical malpractice deals with professional negligence by a health care provider that causes injury or death, and can involve doctors, dentists, nurses, and other healthcare workers. We have provided answers to some of the most frequently asked questions about medical malpractice in this article.
What is medical malpractice?
Basically, medical malpractice is a form of negligence by a medical professional that results in an injury. Any medical error made by a hospital, doctor, nurse, dentist, or other medical professional may be considered medical malpractice.
What is the statute of limitations?
A statute of limitations is a specific timeframe you have in which to file a medical malpractice lawsuit. The statute of limitations varies from state to state, and your attorney will know what the specific time period is for your individual state.
What kind of damages can I recover in a medical malpractice lawsuit?
Some of the damages you may be eligible to recover include the payment of medical bills, lost wages, future treatment, funeral expenses, disability, and pain and suffering.
Can I still file a medical malpractice claim if I signed a consent form?
Yes. Just because you gave your consent for a procedure does not mean the health care professional can commit medical malpractice. The only thing a consent form says is that you know the risks involved and the possible complications that could occur for a specific treatment or procedure. It does not mean that the health care professional doesn’t have the duty to perform the procedure in the proper manner.
What are the most common injuries as a result of medical malpractice?
Some of the most common injuries are misdiagnosis, improper treatment, delay in treatment, prescription errors, failure to treat, and surgical errors.
What do I have to prove in a medical malpractice case?
Generally you will have to show that the doctor or other health care professional failed to act in accordance with the duty of care owed you based on established standards of medical practice. You also have to show that the health care professional’s negligence or malpractice caused your injuries, and that the injuries and damages were a direct result of the malpractice.
Obtaining legal assistance is critical if you or a loved one has suffered an injury due to
medical negligence. From
birth injury to
nursing home abuse, lawyers have the specialized knowledge to protect your rights.
