What Are the Most Common Questions About Medical Malpractice?

Understanding Medical Malpractice: Your Top Questions Answered

Medical malpractice is a complex issue that affects thousands of people every year. When doctors and healthcare providers make mistakes, the consequences can be devastating. At LawMD, we know the law, and we know the medicine. Unlike other firms, most of our attorneys are also medical doctors, giving us a unique advantage in handling medical malpractice cases.

Below, we answer some of the most common questions about medical malpractice, using real statistics and expert insights.

1. What Is Medical Malpractice?

Medical malpractice occurs when a healthcare provider fails to meet the accepted standard of care, leading to injury or death. This can include:

• Misdiagnosis or delayed diagnosis
• Surgical errors
• Medication mistakes
• Failure to treat a condition properly
• Birth injuries

A shocking 34% of all malpractice claims involve misdiagnosis (BMJ Quality & Safety, 2022), yet it remains one of the least discussed forms of medical negligence.

2. How Common Is Medical Malpractice?

Many people assume that medical malpractice is rare, but statistics tell a different story:

• Medical errors are the third leading cause of death in the U.S., causing over 250,000 deaths per year (Johns Hopkins Medicine, 2016).
• 1 in 3 patients will experience a medical error during a hospital stay (National Academy of Medicine, 2015).
• Only 2% of medical malpractice victims file a claim, meaning many cases go unreported (New England Journal of Medicine, 2020).

3. How Do You Prove Medical Malpractice?

To win a medical malpractice case, you must prove:

• A doctor-patient relationship existed
• The doctor failed to meet the standard of care
• The negligence directly caused injury or harm
• The injury led to damages, such as medical expenses or lost wages

Having medical experts review records and provide testimony is critical. At LawMD, our doctor-lawyers have the medical expertise to analyze cases more effectively than traditional attorneys.

4. What Are the Most Common Types of Medical Malpractice?

The most frequent types of medical malpractice include:

Misdiagnosis or Delayed Diagnosis

• 74.1% of all serious misdiagnosis cases involve stroke, infections, or cancer (Johns Hopkins, 2019).

Surgical Errors

• Wrong-site surgeries happen 40 times per week in the U.S. (Journal of Patient Safety, 2021).
• Leaving foreign objects inside patients occurs 39 times per week.

Medication Mistakes

• 1.3 million Americans are injured annually by medication errors (FDA, 2021).

Birth Injuries

• 6 to 8 out of every 1,000 births result in birth injuries (CDC, 2022).

5. How Much Compensation Can You Get in a Medical Malpractice Case?

The amount of compensation varies, but damages typically include:

• Medical expenses (past, present, and future costs)
• Lost wages and future earnings
• Pain and suffering
• Emotional distress

A study by the National Practitioner Data Bank found that the average payout for medical malpractice cases is $329,565, with some cases exceeding $1 million (NEJM, 2020).

6. How Long Do You Have to File a Medical Malpractice Lawsuit?

Each state has its own statute of limitations, but in most cases, victims have 2 to 3 years from the date of injury or discovery to file a lawsuit. Some exceptions apply, such as for minors or cases where negligence was not immediately discovered.

7. Do I Need a Medical Malpractice Lawyer?

Yes! Medical malpractice cases are complex and require extensive medical and legal knowledge. At LawMD, our doctor-lawyers bring unparalleled experience to malpractice claims, ensuring your case is backed by expert analysis and legal strategy.

8. What Should I Do If I Suspect Medical Malpractice?

If you or a loved one has been harmed due to a medical mistake, follow these steps:

1. Request medical records – They provide evidence of what happened.
2. Document symptoms and changes – Keep a record of medical visits, pain, and other effects.
3. Consult a medical malpractice lawyer – The sooner you act, the better your chances of success.

At LawMD, we offer free case evaluations to help you understand your legal options.

9. What Makes LawMD Different from Other Law Firms?

Unlike other firms, LawMD is made up of both lawyers and medical doctors. This unique combination allows us to:

• Analyze medical records more effectively than traditional attorneys.
• Identify medical errors others might miss.
• Provide expert witness testimony from within our team.
• Build a stronger case for maximum compensation.

10. How Much Does It Cost to Hire a Medical Malpractice Lawyer?

At LawMD, we work on a contingency fee basis, meaning you don’t pay unless we win your case. This ensures that all victims, regardless of financial status, have access to top legal representation.

Conclusion: Take Action Today

Medical malpractice can change lives forever, but you don’t have to face it alone. If you believe you’ve been a victim of medical negligence, contact LawMD today for a free consultation. With our team of doctor-lawyers, we are uniquely qualified to fight for the justice and compensation you deserve.