Medical Malpractice Lawsuits - Frequently Asked Questions (FAQs) on Law

When a medical negligence has been committed against you or a family member, you need to act fast as these cases have a short period of limitations. You will also need to look for an honest and experienced lawyer. The lawsuit can be served on the doctor   the institution he works or the two together. It is important to find out, if you can, other patients who may have been treated by the same doctor and who may have gone through the same experience. In this way you will have a stronger case and can help get rid of incompetent doctors.

Here is a list of frequently asked questions to help you navigate a medical malpractice lawsuit.

What are the examples of medical malpractice?

Medical malpractice is varied and may come from doctors, hospitals, or nursing personnel. It may include any of the following, misdiagnosis, failure to diagnose prescriptions errors, surgical error, birthing injuries, and even nursing home abuse.

Is medical malpractice common?

There are very many medical mistakes every year. But few patients seek redress through a lawsuit as some of them may not be aware of their rights and what step to they can take.

How can I prove my medical malpractice case?

In order to prove a medical malpractice case there are four steps to take prove that a duty was owed (standard of practice) as per the procedure and practice, that duty was breached--here experts have to testify to prove that the standard was breached, that the action led to an injury or likely to have led to present state, that there are damages, pecuniary or emotional.

Who can bring a medical malpractice lawsuit?

The patient can bring charges against the physician or other health practitioner. In the case of children, the child’s family can sue. In the case of a wrongful death then the family and dependants of the deceased can file a case.

What damages can I recover through a medical malpractice lawsuit?

Damages can be economic and non-economic. Medical expenses, lost income, lost or diminished earning capacity, and other out-of-pocket expenses may be recovered. If the patient died, funeral and related expenses may be awarded. Pain and suffering damages are non-economic as well disfigurement and disability. When the actions were gross or intentional, punitive damages may also be awarded to prevent the defendant and others from committing similar acts in the future.