34953, how do i know if i need a lawyer for medical malpractice ?

by Miss Madilyn Renner 9 min read

Do I need a lawyer for a medical malpractice lawsuit?

You may need a medical malpractice attorney if you’ve: Caught an infection in the hospital or doctor’s office. Been injured in surgery. Had a doctor fail to diagnose an injury or disease. Had anesthesia applied wrong. Been given the wrong prescriptions. Not been informed of possible risks or consequences.

What documents are needed for a medical malpractice case?

Nov 12, 2018 · A medical malpractice lawyer will handle all the details and paperwork of your case. They will work with the insurance companies (since when you sue the doctor, you are actually suing their insurance company). They will respond to all correspondence on your behalf. And ultimately, they will represent you in court to try to get you the best ...

Is it expensive to pursue a medical negligence case?

Dec 17, 2013 · Answer: If you feel that you or a loved one has suffered further injury due to the negligence of a medical professional, it is in your best interests to at least discuss your case with an attorney. We offer free consultations in order to help explain your options moving forward. Due to Texas’ tort reform laws, bringing a medical malpractice ...

How do I prove medical negligence in a personal injury case?

Aug 28, 2018 · Look at our medical malpractice results here to see for yourself. If you need help proving or determining if your losses were caused by medical malpractice, STFBC is ready to review your options alongside you. Call (305) 770-6335 …

How long do you have to sue for medical malpractice in PA?

2 yearsSubject to some exceptions, Pennsylvania has a 2-year statute of limitations for filing a medical malpractice lawsuit. This means that a patient has 2 years starting from the date of the medical provider's act of malpractice within which to bring a lawsuit.Jun 14, 2018

How do I choose a medical lawyer?

Where to find good, experienced medical malpractice attorneysCall a bar association in your city, state or county. ... Talk to your insurance company. ... Talk to another doctor. ... Ask your family and friends. ... Ask attorneys in other specialties. ... The Enjuris personal injury lawyer directory.

What qualifies as medical negligence?

When you put these terms together medical negligence – it is the act or omission by a medical professional that deviates from the accepted medical standard of care resulting in damages. The patient must prove that the negligence caused the damage. Examples of medical negligence are: Failure to diagnose or misdiagnosis.

What is the best definition of malpractice?

Definition of malpractice 1 : a dereliction of professional duty or a failure to exercise an ordinary degree of professional skill or learning by one (such as a physician) rendering professional services which results in injury, loss, or damage. 2 : an injurious, negligent, or improper practice : malfeasance.

Medical malpractice

So what is medical malpractice? When we see a medical professional, we expect a certain level of care. We expect them to give an accurate diagnosis and we expect for them to provide us with the correct treatment based on that diagnosis. We place a lot of trust in physicians and expect things to be done correctly.

Claim requirements

You must be able to prove that medical malpractice occurred. It is not enough to just be unhappy with the treatment you received. You need to be able to prove that the doctor or nurse was negligent – which can be difficult.

What do you do next?

After reading this article, if you believe you or a loved one are a victim of medical malpractice, you should reach out to a medical malpractice lawyer.


If you feel that you or a loved one has suffered further injury due to the negligence of a medical professional, it is in your best interests to at least discuss your case with an attorney.


You have been more than awesome through all this. The entire group took such great care of me and I am extremely grateful! Hands down just great people.

The First Hurdle for Plaintiffs to Overcome

Unlike other personal injury or wrongful death cases, such as car accidents or premises liability cases, Florida law requires that the victims of medical malpractice go through what is known as the “presuit process.”

General Negligence vs. Medical Negligence

It’s also important to know that not all injuries or deaths that occur in the hospital setting are medical malpractice cases, but instead may be considered general negligence cases.

How It Boils Down: Plaintiffs Need Proven Experience

The bottom line is, medical malpractice cases in Florida present unique circumstances requiring the expertise of lawyers who have experience prosecuting these claims and understand the nuances of Florida law.

What is medical malpractice?

Medical professionals treating patients must conform to a certain standard of care for their profession. Medical malpractice occurs when a medical professional deviates from the applicable standard of care, and it results in an injury or death.

What are the different types of medical malpractice?

The following are some common types of medical negligence claims: Diagnostic mistakes: failure to diagnose, delayed diagnosis, misdiagnosis, and referral failures. Medication errors: prescribing errors, dosage errors, failure-to-warn lapses, ...

What is non-economic damages?

Non-economic: Non-tangible damages, such as diminished quality of life, pain and suffering, emotional distress and mental anguish, disfigurement, and permanent impairment or disability. Punitive: Awarded when the medical provider’s actions are extraordinarily reckless, malicious, and/or fraudulent. Capped in New Jersey.

What is comparative negligence in New Jersey?

It is also important to note that New Jersey medical malpractice law applies a modified comparative negligence rule to damages. If you are partially to blame for your medical condition, illness or injury, any damages you are awarded will be reduced by your percentage of fault.

How to prove medical malpractice?

To prove a case of medical malpractice, an attorney must demonstrate that a healthcare provider: 1 Had a duty of care to the patient 2 Breached the standard of care (or acted in a way that a reasonable, similarly trained person would not have acted) 3 That the breach, or error, caused actual harm to the patient

What to look for when hiring an attorney?

When Hiring an Attorney, Look for Specific Practice Areas. Medical providers, just like anyone else, sometimes make mistakes on the job. Usually, those mistakes are minor and cause no real harm to patients. But a major error, or a combination of several minor mistakes, can have disastrous consequences for patients.

What is breach of care?

Had a duty of care to the patient. Breached the standard of care (or acted in a way that a reasonable, similarly trained person would not have acted) That the breach, or error, caused actual harm to the patient. Following are three signs that you might have a medical malpractice case. 1.

What is the goal of the agency for healthcare research and quality?

The Agency for Healthcare Research and Quality developed its program CANDOR (Communication and Optimal Resolution) as a way for hospitals and health care providers to address medical errors. The principles of CANDOR are:

What is malpractice case?

In malpractice cases that involve a lack of informed consent, the patient must have suffered actual harm, but the patient's attorney doesn't need to prove that a healthcare worker deviated from the standard of care. So, for example: A heart surgeon performs an operation to replace a patient's valve.

What is a heart surgeon?

A heart surgeon performs an operation to replace a patient's valve. During the operation, the surgeon notices damage to another heart valve and decides to replace it, even though the patient did not consent to the second procedure. If the second procedure causes no harm, the patient has no malpractice case.

Why do we need to take pictures of patients before and after a death?

Photographs of the patient both before and after the injury or death help personalize the case and establish the human toll caused by negligence. Providing a glimpse of the personal life of the injured patient, and their friends and family, is always helpful in a medical malpractice case.

What is the most important document in a medical malpractice case?

Medical records are the most important documents for beginning a medical malpractice case. Records both of the negligent care at issue as well as treatment after the fact are usually required to evaluate a potential case. Although some medical records and general literature are given to patients at discharge, to obtain your actual medical records ...

Can you recover medical bills from medical malpractice?

The law allows injured patients to recover damages for medical expenses incurred as a result of medical malpractice. Your medical bills are a key part of proving your medical expenses, both past and future, and they should be provided to your attorney when you begin your case and subsequently if you continue receiving them.

What happens if you get injured in medical malpractice?

After suffering injury from medical malpractice, many patients find themselves unable to continue working their former job, or may become unemployable entirely. Damages are available for lost income or lost earning capacity, but documentary evidence is key. Pay stubs and tax returns establishing your previous income should be copied and provided to your attorney.