Medical Malpractice

Medical malpractice FAQs:

Do you have questions? We have answers. Here are some legal FAQs that our team of attorneys often receives from clients.

I'm not happy with the results of my surgery or medical procedure. Can I sue?

Medical malpractice is more than being unhappy with the results of a surgery or medical procedure. To successfully pursue a medical malpractice claim, you must prove that the doctor’s care fell below the accepted standard, the doctor was negligent, or that you were not adequately informed about the risks of the procedure.

I believe my doctor was negligent and caused my injury. Will you take my case?

Because medical malpractice claims are highly complex, they require the use of various types of experts. Therefore, a decision to take your case depends on the facts and circumstances of the case. We will investigate your claim and have it reviewed by our medical experts.

How long will it take to pursue my case?

This depends on the nature of the case. During your initial consult, your attorney should be able to give you an estimate of how long your case will take. Understand, however, that this is an estimate, as facts and circumstances often change during the course of a claim. Unlike other personal injury cases, there are specific steps that must be followed to file a medical malpractice lawsuit. An expert witness must review your case and sign an affidavit stating why he or she believes medical malpractice occurred. Then, your attorney will file a notice of intent. Once the notice of intent is submitted, the defense has ninety days to investigate the allegations. After ninety days, the defendant can either acknowledge liability and attempt to settle the case, request arbitration, or deny that medical malpractice occurred and force the plaintiff to file suit. Many medical malpractice claims settle after the lawsuit is filed and before the case goes to a jury trial.

If you agree to take my medical malpractice case, how do I pay you?

In all medical malpractice claims, we work on a contingency-fee agreement clearly explained in an employment contract and signed by both parties. If we are unable to recover any money damages, you won’t pay anything. If, however, we are successful in obtaining a settlement or jury award, we receive a percentage of the recovery.

Q

What constitutes a personal injury?

The most common personal injury is an auto accident, but the broad definition encompasses any situation where a person suffers harm due to the negligence of another person or entity. Early identification of a personal injury is important to the legal process. Many serious injuries occur each year involving:
– Auto accidents
– Premises liability accidents such as injuries caused by a slip and fall
– Medical malpractice/nursing home injuries
– Wrongful death
– Work-related accidents
– Animal attacks
– Faulty or malfunctioning products (product liability)