1. What is medical malpractice?
If a medical provider makes an error that results in injury to you, you may be able to sue the provider to compensate you for injuries. The underlying basis for a medical malpractice claim is that your injury is the result of treatment that fell below the accepted standards of medical care for that particular field of professional expertise.
2. What are the standards of medical care?
Standards of care are the legal guidelines used to determine whether health care providers are negligent. If a health care provider has failed to act in a manner as would be expected of a reasonably competent practitioner in the same or similar circumstances, then that health care provider has breached the standards of care and is negligent.
3. Is every medical injury or death considered malpractice?
No. There are various situations where an unfortunate outcome or injury - even death - is not the result of malpractice. In these situations, the bad outcome may have been caused by unknown reasons or by known risks and complications that were not the product of negligence.
4. Does signing a consent form waive my rights to file a lawsuit?
Signing a consent form does not waive your rights. Additionally, the consent form may not contain all of the relevant information that it should, or it may have been signed without adequate explanation. Even if you signed a consent form, you did not consent to substandard medical care. A doctor's failure to meet the acceptable standard of care is not the same as consenting to the normal risks of a procedure.
5. How can I figure out how much my case is worth?
Many different things affect the damages amount in a medical malpractice case. And although we can not promise that we will money for you, our experience allows us to make good estimates of what a judge or jury might award. Many elements are factored into damages estimates including:
- The severity of the injury
- The effects of the injury on your life
- The degree of negligence of the health care provider
- Past medical history
- Pre-existing injuries
- Future medical care and related needs
- Future wage loss/lost earning capacity
The greater the difference between your quality of life before the negligent injury as compared to after the accident, the higher your damages can be.
6. How long will it take to complete my case?
Each case is different. Delays can be caused by a variety of factors:
- Crowded court dockets
- Difficulty in obtaining medical documentation, radiology films and/or pathology specimens
- Difficulty in locating defendants and fact witnesses
These and other factors play a part in how quickly a case can be resolved. Taking a case to trial, in general, takes a long time. Settlement, mediation or arbitration may significantly speed up the resolution of a case.
7. Will my case be settled without my approval?
No. We discuss valid settlement offers with you in every instance, and no settlement offer will be accepted without your approval.
8. How do I know if a settlement amount is fair?
Your attorney will make recommendations to you and try to clearly explain the reasons for the recommendations. Because each attorney has extensive experience in settling cases and is familiar with what juries and judges generally award in similar cases, the recommendations can be trusted.
9. How much will it cost me to file a lawsuit?
After determining that a case has merit, we take the case on a contingency basis. You pay no legal fee or expenses unless the firm has successfully resolved your claim at trial or through settlement.
