Medical Malpractice Q&A
What is medical malpractice?
Medical malpractice is negligence committed by a professional health care provider a doctor, nurse, dentist, hospital or hospital worker whose performance of duties departs from a standard of care of those with similar training and experience, resulting in harm to a patient or patients. The profession itself sets the standard for malpractice by its own custom and practice.
Do I need a lawyer to pursue a medical malpractice case?
Yes. Medical malpractice cases are very complex and difficult to pursue, and can be quite expensive to litigate. Our firm will obtain all of the proper medical records, laboratory results, pathology reports and all other data resulting from testing that may be relevant to your case.
What sort of damages can be recovered from a medical malpractice lawsuit?
Medical expenses for treating the injuries caused by the malpractice; damages for pain and suffering; disfigurement and disability damages; lost wages and ability to earn wages in the future. In appropriate circumstances, the law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship lost due to malpractice.
Who can be sued for medical malpractice?
Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health care facilities, and others providing healthcare services, such as nursing homes.
Who will receive money after a successful lawsuit for a birth injury?
If a living child suffers harm due to an avoidable birth injury, damages awarded as part of a successful lawsuit will typically go to the child, sometimes in the form of a trust.
What if my insurance company or Medicare/Medicaid paid for the treatment that I believe was malpractice – can we make a claim even though no monies actually came from my pocket?
Absolutely. It makes no difference who paid for the medical expenses. Health care providers are required by law to render care and treatment based on the acceptable standard of care.
What if I was admitted as an emergency to the hospital and I not know the names of the doctors because they were not my regular doctors?
All doctors, nurses and health care providers are required by law to document in the medical chart who did what, when and why. There will be a record of the treatment that you received that can be easily obtained with your written authorization.