Medical Malpractice
“What is medical malpractice?”
Medical malpractice is negligence by a health care professional or a hospital, and a medical malpractice lawsuit seeks to recover for damages due to that negligence. The plaintiff must prove the following: 1) that the health care provider had a duty to exercise a level of skill or care typical in the situation, and 2) a breach of this duty caused damages to the plaintiff. This usually requires testimony by a relevant medical expert.
“If medical treatment turns out badly, is it medical malpractice?”
Medical treatment with bad results is not necessarily malpractice. Investigation by an attorney is needed to determine whether the damage is due to medical malpractice or simply a bad result arising from reasonably standard care. This investigation should always include review by a qualified medical expert.
In general, medical malpractice suits concern only serious, permanent injuries. Malpractice cases are very expensive to prosecute and very hard fought by medical professionals and their lawyers, so temporary or minor injuries do not often justify a lawsuit’s cost. Those pills your doctor prescribed may have made you dizzy and miserable, but unless they injured you for life, they probably aren’t worth a suit.
“If I have been the victim of medical malpractice, do I really need an attorney, or can I manage the claim by myself?”
Health care providers very rarely admit negligence, and some unjustly injured patients who try to handle their own cases fail due to poor understanding of legal technicalities and pitfalls, of which there are many. The Markam Group’s experienced medical malpractice attorneys help you determine whether you have a good case, and then we ensure that you are competently represented.
“Can I still bring a medical malpractice lawsuit if I have signed a consent form for treatment?”
Just because a physician had you sign a form saying that you understood some of your treatment’s risks does not mean that you forfeit the right to sue for negligent mistakes. These forms are often required to help you make an informed decision about treatment, but did the form tell you enough? Did you have enough time to come to an informed decision? Many factors are involved in informed consent, and forms rarely cover them well, so signing a consent form should not necessarily prevent you from bringing a lawsuit.
“After filing a medical malpractice lawsuit, how long will it take to resolve?”
Most cases can be filed and brought to trial within two to three years or less, and very worthy claims are often settled much sooner, without trial. The wait for trial often depends on where your case is filed, as most courts are crowded with lawsuits. And, of course, complex cases take more time than simple ones.
“How do I know if the attorney has the necessary experience to properly investigate a potential medical malpractice claim?”
Medical malpractice is a very specialized area of law. You will want an attorney who has taken malpractice cases to trial, not merely settling out of court. You should also choose a firm with the personnel and financial resources to prosecute your case from beginning to end. A good firm has the ability to advance costs in order to hire the very best experts for your case, because the cost of litigation can range from tens of thousands to hundreds of thousands of dollars, particularly in the area of birth injury. Most law firms have websites that show the types of cases they have handled. At a minimum, you will want to meet with each prospective attorney to ask about their trial experience, their record of wins and losses, their ability to advance costs, and their experience in the particular area of medical negligence that your claim involves.
“Is there a time limit for filing a medical malpractice claim?”
Yes, all states allow only a limited time to file a medical malpractice suit. This period varies from state to state. It is usually called the “statute of limitations”, although some states also have other filing limits called “statutes of repose”. If you believe you have a medical malpractice claim, it is important to consult with an experienced attorney as soon as possible so as to ensure that your claim is promptly investigated and filed on time.
“How much will it cost?”
At The Markam Group, we usually pay to fight your case at no cost to you. Our compensation will be a percentage of the money we recover. If we fail to win the case, you owe us nothing. This is called a “contingent fee”, and the percentage varies depending on the circumstances of the case.
“How long will my case take to resolve?”
Most cases can be filed and brought to trial within two to three years or less, and very worthy claims are often settled much sooner, without trial. The wait for trial often depends on where your case is filed, as most courts are crowded with lawsuits. And, of course, complex cases take more time than simple ones.