FAQ about Surgical and Medical Malpractice Lawsuits and other Professional Negligence Suits for for Money Damages.

 

HurtbyaDoctor.com
Experienced Medical Malpractice Trial Lawyers and Damage Suit Attorneys

Common Questions
Surgical and Medical Malpractice, and Lawsuits for the Negligence, Carelessness, Errors and Mistakes Doctors, Surgeons, Hospitals and other Healthcare Providers.

• What is medical malpractice?

The term "medical malpractice" refers to professional negligence on the part of a medical or health care professional. Medical malpractice, or professional negligence, occurs when the acts or omissions (failure to act) of a doctor, surgeon, or other medical or health care professional fall below the accepted standard of care and the patient suffers personal injury or wrongful death as a result.

• What has to be proved to win a medical malpractice case?

To win a medical malpractice case it must be proved that the doctor, surgeon or other health care provider breached the accepted standard of care under the circumstances and damages were caused as a result. All three elements (breach of duty, causation, and damages) must be proved.

• If I bring a medical malpractice case, will the defendant doctor or surgeon have to pay for his or her defense and my damages out-of-pocket?

Generally, doctors, surgeons, and other health care providers have professional liability insurance that pays both for their defense (attorney and expert witness fees as well as investigation and litigation costs) and any amount that the must pay, either by settlement agreement or verdict after trial.

• If you take my medical malpractice case, will I have to pay out-of-pocket for the costs of litigation?

No. If we take your case, we will advance the costs of pursuing your medical malpractice claim.

Why is the date of the injury so important?

There are time limits within a lawsuit must be filed. The time limitations are provided by state statutes called "statutes of limitation." Every claim for medical malpractice must be filed within the limitations period or be forever barred. If a medical malpractice lawsuit or wrongful death lawsuit is not filed before the time limit set by the statute of limitations runs out, then the lawsuit is barred and the claim for medical malpractice will be lost forever.

What is Cerebral Palsy?

Cerebral Palsy is a disability resulting from damage to the brain before, during, or shortly after birth and outwardly manifested by muscular incoordination and speech disturbances.