Medical Malpractice Questions
If you experienced illness or injury as a result of a medical error, you will have questions. Our attorneys can answer your questions and offer you options:
- What is medical malpractice?
- Do I need a lawyer to pursue a medical malpractice case?
- What sort of damages can be recovered from a medical malpractice lawsuit?
- Who can be sued for medical malpractice?
- Who will receive money after a successful lawsuit for a birth injury?
- 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 money actually came from my pocket?
- What if I was admitted to the hospital as an emergency and I do not know the names of the doctors because they were not my regular doctors?
Medical malpractice is negligence committed by a professional health care provider - a doctor, nurse, dentist, hospital or hospital worker - whose performance of duties departed 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.
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.
Medical expenses for treating the injuries caused by the malpractice, damages for pain and suffering, disfigurement and disability damages, and 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.
Medical malpractice is not limited to medical doctors. It also applies to nurses, dentists, osteopaths, health care facilities and others providing health care services such as nursing homes.
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 money 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 to the hospital as an emergency and I do 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. A record of the treatment you received can be easily obtained with your written authorization.