1. What is medical
malpractice?
Although the legal definition may vary
slightly from state to state, as a general
rule, medical malpractice (also known as
medical negligence) means that a health care
provider caused injury or death to a patient
by failing to act within the applicable
standard of care.
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2. How can I find out if I have a
medical negligence case?
Contact an experienced medical malpractice
lawyer. Medical malpractice law is a
highly-specialized area of law so you should
look for a medical malpractice attorney with
experience in cases similar to yours. Tell
the medical negligence attorney exactly what happened to you,
from the first time you visited a medical
professional for the condition through your
last contact. What were the circumstances
surrounding your illness or injury? How did
your doctor treat it? What did your doctor
tell you about your treatment? Did you
follow your doctor’s instructions? What
happened to you? Answers to these and other
relevant questions become important if you
think you have a malpractice claim.
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3. My doctor made a mistake and
admitted it. Do I have a malpractice case?
Many mistakes are simply just a mistake, but if your
doctor’s mistake was the result of
negligence or failure to meet the expected
standard of care, then the answer may be
“Yes.” Damages may be recoverable for you
under medical malpractice laws – but you
should
consult with an experienced medical
malpractice attorney for a more qualified
opinion on your case.
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4. What is a birth injury?
A birth injury is a physical injury suffered
by a baby during delivery, such as cerebral
palsy or erb's palsy – often causing
permanent disabilities or death. Birth
injuries may be caused by factors
unforeseeable or unpreventable by medical
staff, but if they occur as a result of
errors or negligence, legal action may be
appropriate.
For more information, visit our
Birth Injuries
page.
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5. What should I do if I suspect
nursing home abuse or neglect?
First, speak to the appropriate staff or
administration immediately. If your
communication doesn’t result in any action,
find out the management company in charge of
the home and contact them directly. Second,
if the victim is still in the home and your
communication with staff hasn’t resolved the
situation, do whatever you can to secure the
victim’s safety. If you have to remove your
elderly relative temporarily, don’t hesitate
to do so. Third, document everything -- any
injuries, communication with staff regarding
the patient, names, dates, etc. Finally --
contact an experienced nursing home abuse
attorney.
For more information, visit our
Nursing
Home Abuse & Neglect page.
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6. What can I do to avoid becoming a
victim of an ER mistake?
Try to provide the medical personnel with
all relevant information immediately. In an
emergency, you may be incapacitated or in
shock, but if you are able, communicate any
known medication allergies and state clearly
your injuries and current symptoms.
For more information, visit our
Emergency Room Errors page.
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7. My father recently suffered a
serious illness that I believe went
undiagnosed by his doctor, despite frequent
medical visits. Should I contact a medical
malpractice attorney?
If your loved one is suffering from any
condition that you feel could have or should
have been diagnosed by his physician, and
that failure to diagnose has cost
irreparable medical harm, you may have a
malpractice claim.
Contact an experienced
medical malpractice lawyer for a thorough
review of your case.
For more information, visit our
Misdiagnosis
page.
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8. I underwent surgery recently, and I
overheard the nurse telling someone that a
sponge was accidentally left inside my
stomach during the operation. They evidently
removed it, and I feel fine – but should I
file a lawsuit anyway?
If you haven’t suffered any harm from the
error, you may not have any basis for a
legal claim. However, you should make sure
that you are free of any injury due to the
mistake. Consult with another doctor to
confirm your health status, and if there are
any long-term side effects, contact a
surgical mistake attorney to review your
situation.
For more information, visit our
Surgical
Mistakes page.
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9. My mother suffered a heart attack
this year because her pacemaker
malfunctioned – but the pacemaker was
installed five years ago. Does she still
have a case?
The statute of limitations – or time limit
during which you can file a lawsuit – varies
from state to state. However, in medical
malpractice claims involving a defective
medical device, the statute may not go into
effect until the injury occurs or is
discovered. So the date your mother’s
pacemaker was installed may not be as
important as the date she suffered the heart
attack. Again, keep in mind that the
“discovery rule” varies from state to state,
so
seek advice from a medical malpractice
lawyer for specific information on the law
in your state.
For more information, visit our
Medical Device Malfunction page.
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10. My pharmacist recently filled a
prescription for me, but gave me too high of
a dosage and I may have permanent liver
damage as a result. Do I have a pharmacy
malpractice case?
If your injury occurred as a direct result
of the pharmacy error, then yes.
Contact an
experienced pharmacy malpractice attorney
immediately – he or she will be able to
provide an initial assessment of your case
and contact qualified medical experts who
can review your condition further to
determine how it is related to the pharmacy
mistake.
For more information, visit our
Pharmacy
Mistakes page.
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11. I was taking a prescription drug
that was recently recalled. I also suffered
some serious health issues that may have
been related to the medication – what should
I do?
First consult with your doctor if you
haven’t already stopped taking the
medication. Second,
contact an experienced
prescription drug injury attorney familiar with
prescription drug injury claims. He or she
will know relevant medical experts who can
review your health issues to determine
whether they are related to the recalled
drug – and then you and your attorney can
have an informed discussion about whether
you should file a claim.
For more information, visit our
Prescription Drug Injuries page.
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