FAQs

Frequently Asked Questions

What is medical malpractice?

Medical malpractice occurs when a healthcare professional’s negligence leads to injury or harm to a patient.

How do I know if I have a medical malpractice case? .

You may have a medical malpractice case if you can prove that a healthcare provider failed to meet the standard of care expected in their field, resulting in injury or harm

What are examples of medical malpractice?

Examples include misdiagnosis, surgical errors, medication errors, birth injuries, and failure to obtain informed consent.

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

The statute of limitations varies by state but typically ranges from one to three years from the date of injury or discovery of harm.

What damages can I recover in a medical malpractice case?

You may recover compensation for medical expenses, lost wages, pain and suffering, and other economic and non-economic damages.

Do I need expert testimony to prove medical malpractice?

Yes, expert testimony is often necessary to establish the standard of care and show how the defendant’s actions deviated from it.

How much does it cost to hire a medical malpractice lawyer?

Many lawyers work on a contingency fee basis, meaning they only get paid if you win your case, typically taking a percentage of the recovery.

Can I sue a hospital for medical malpractice?

Yes, hospitals can be held liable for the negligence of their employees, including doctors, nurses, and staff.

What should I do if I suspect medical malpractice?

Seek medical attention for any injuries, gather relevant medical records and documents, and consult with an experienced medical malpractice lawyer.

Can I sue for emotional distress in a medical malpractice case?

Yes, you may be able to recover damages for emotional distress resulting from medical negligence.

Can I still sue if I signed a consent form?

Signing a consent form does not waive your right to sue for medical malpractice if the healthcare provider deviated from the standard of care.

What if the medical malpractice resulted in death?

Surviving family members may file a wrongful death lawsuit seeking compensation for their losses.

How long does a medical malpractice lawsuit take?

The duration varies depending on the complexity of the case, but it can take several months to several years to resolve.

Can I file a medical malpractice claim against a government-run hospital?

Yes, but there may be additional procedural requirements and limitations when suing a government entity.

Can I sue a doctor for a bad outcome even if they did their best?

Not all bad outcomes constitute malpractice; you must prove that the doctor’s actions fell below the standard of care.

What if the medical malpractice occurred during plastic surgery?

Plastic surgeons can be held liable for malpractice if their actions deviated from the standard of care, leading to injury or harm.

Can I still sue if the medical malpractice occurred years ago?

The statute of limitations generally starts from the date of injury or discovery of harm, but there may be exceptions for certain situations.

What if the medical malpractice occurred during childbirth?

Birth injuries resulting from medical negligence may give rise to a medical malpractice claim on behalf of the child or the mother.

Can I sue for medical malpractice if I was injured in an emergency room?

Yes, emergency room doctors and staff can be held accountable for negligence that leads to patient harm.

What if I can't afford a lawyer for my medical malpractice case?

Many medical malpractice lawyers offer free consultations, and some work on a contingency fee basis, making legal representation more accessible for victims.