Every year, thousands of patients are injured by a medical error that could have been prevented; however, only about two percent ever file a medical malpractice lawsuit to seek compensation.
Common Questions Regarding Medical Malpractice Lawyers
If you or a loved one have been affected by medical malpractice, you may be confused about your rights and what a medical malpractice lawyer can do for you. Although medical malpractice laws vary from state to state, there are some general principles that hold true no matter where in the United States you reside.
What Is Medical Malpractice?
Medical malpractice is defined as an error committed by a doctor or other medical professional that causes harm to his or her patient. All physicians make mistakes, but not all mistakes are considered medical malpractice. To prove medical malpractice under the law, your case must demonstrate the following:
- Your doctor violated care standards
- You sustained injuries because of that negligence
- Damages resulted from the injury
What Is Medical Negligence?
Medical negligence and medical malpractice are closely related concepts, but they aren’t exactly the same. Medical negligence means your doctor’s actions were a breach of duty or violation of the normal standard of care, often caused by a lack of attention. If you experience damages as a result of this negligence, your case rises to the level of medical malpractice.
While medical negligence and malpractice are similar, they are not the same. Medical malpractice is an active disregard for the necessary steps to providing accurate and ethical health assistance. Medical negligence is a breach of duty or a failure to comply with certain standards. Negligence is often associated with inattention on the health care provider’s part and can result from poor doctor-patient communication.
How Long Do I Have to File a Malpractice Suit?
If you are eligible to file a medical malpractice lawsuit, you must do so within a certain amount of time, usually one to 10 years, depending on the state you live in. This is called the statute of limitations. It is important to speak to a medical malpractice lawyer as soon as possible so you can act before this time limit expires.
How Much Do Lawyers Charge for Medical Malpractice?
Many malpractice attorneys will file your case on contingency. This means legal fees are collected only if you win your case. Medical Malpractice Help Offers free consultations, so call today to discuss concerns or questions you may have regarding our fees and your chances of winning your medical malpractice lawsuit.
What Do I Need to Do Before I Call a Medical Malpractice Lawyer and Open A Claim?
Before contacting us, you should spend some time collecting the following information. This will help us understand your situation more clearly and give us a head start on developing a legal strategy for your case.
- Who was involved in your treatment?
- What damages are you seeking to recover?
- Where, when and how did the malpractice occur?
- Why are you interested in filing a medical malpractice lawsuit?
Can You File a Medical Malpractice Lawsuit for a HIPAA Violation?
HIPAA (the Health Insurance Portability and Accountability Act) dictates how healthcare providers handle your private information relating to your health and medical care. You may be able to pursue legal action against a provider who handles your information carelessly, but this is usually not part of a malpractice claim.
Medical Malpractice Lawyers By Injury Type
The type of medical malpractice case you pursue will depend on what sort of error your doctor committed, and this largely depends on what type of ailment you experienced. Medical malpractice cases can include:
- Anesthesia errors
- Birth injury
- Cancer treatment
- Congestive heart failure
- Medication errors
- Surgical errors
- Traumatic Brain Injury
Medical Malpractice Lawyers By State
Each state has its own specific laws regarding medical malpractice. Lawyers who practice in the area of medical malpractice must be knowledgeable about the unique laws that govern the state where they offer services.