Medical Malpractice FAQs

Medical malpractice can be a significant blow to your finances, your well-being, and your state of mind. As everyone knows, people make mistakes. However, physicians and hospitals must be held accountable if their errors or negligence caused harm to you or a loved one. Here are some answers to questions you might have about medical malpractice.

Medical malpractice is a legal term that refers to negligence committed by any person involved in providing healthcare to a patient. Therefore, this includes physicians, nurses, hospitals, or any other healthcare provider. Negligence happens when a patient’s treatment falls below what the medical community considers the accepted standard of care, leading to patient harm.

If your situation has the four elements listed below, you might be eligible for compensation from a medical malpractice lawsuit. The elements needed to provide medical malpractice include:

  • The medical provider owed a duty of care due to an established patient- provider relationship
  • The medical provider violated their duty of care 
  • As a consequence, the patient suffered harm
  • That harm was caused by the breach of the duty of care

A medical negligence lawsuit can recover damages for:

  • Past and future medical expenses
  • Lost wages and earning potential
  • Loss of enjoyment of life
  • Disfigurement
  • Pain and suffering

In medical malpractice suits, the statute of limitations can be complicated. It varies depending on the state in which you live. You typically have a set amount of time to file after the error occurs. However, if the error is not discovered within that length of time, you will likely have a period from the time after you are first made aware that you have an issue in which to file. There may also be specific rules and regulations set for these:

  • Minors
  • Fatalities
  • Patients who have suffered damage to their reproductive systems

Medical malpractice cases can vary in length due to several factors. The time it takes often depends on whether that case settles or if it goes to trial. Cases that go to trial may take several years from start to finish. Fighting against doctors, hospitals, lawyers, and insurance companies can be a lengthy and uphill battle. As medical malpractice cases are complicated and nuanced, it takes time to investigate every angle thoroughly. 

When filing a medical negligence case, an experienced medical malpractice attorney and legal team are necessary. Don’t hesitate to reach out to a medical malpractice attorney to find out if you have a case and what can be done about it. A medical malpractice lawyer can help you discover whether you are eligible to recover monetary compensation to pay for medical bills, lost wages, and the pain and suffering inflicted by the neglectful doctor or hospital. Medical malpractice claims are urgent matters with defined statutes of limitation, so don’t wait to schedule a consultation.