Medical Malpractice FAQs

Medical malpractice occurs when a doctor or other health care provider fails to care for a patient according to the acceptable standard. Review the following frequently asked questions to learn more about medical malpractice lawsuits.

What constitutes medical negligence?

A negligent act by a doctor or other health care worker means that he/she failed to do what any reasonably competent health care provider would do in a similar situation. Examples of medical malpractice include such things as misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up care, prescription errors, and more.

I am not satisfied with the results of my procedure; do I have a malpractice case?

No medical procedure has a guaranteed outcome, so an unexpected or unsuccessful outcome does not mean negligence occurred. However, if a patient ends up with an injury or damages as a result of their doctor’s deviation from the standard of care applicable to that particular procedure, then a legitimate case for malpractice may exist.

If I think I have a medical malpractice claim, what should I do?

If you or someone you love was injured and you suspect medical malpractice, it is important to contact an experienced attorney as soon as possible. Your lawyer will evaluate your case and determine if you may be able to file a claim.

What type of compensation can I receive?

If medical malpractice caused you to suffer a personal injury, you may be able to receive compensation for lost wages, medical expenses, pain and suffering, and other damages. If medical malpractice caused your loved one's wrongful death, you may be able to receive compensation for funeral expenses, loss of income, loss of benefits, loss of companionship, and other damages.

If I signed a consent form do I still have a case?

A consent form is not a defense for a doctor to commit malpractice. A consent form is simply an indication that you were made aware of certain risks and complications associated with a particular treatment or procedure. Physicians and other medical providers have a duty to tell you of the potential benefits, risks, and alternatives involved in any surgical or medical procedure or other course of treatment.