what kind of attorney or lawyer to get for medical malpractice suit

Who is the best medical malpractice attorney?

You should choose an attorney who: Has a firm understanding of various medical conditions Can navigate complex medical records Knows which experts to consult Knows which questions to ask Can anticipate the tactics the defendant’s lawyers might employ In addition, you need the backing of a law firm with the resources to take on major hospitals and insurance companies.

How should I select a medical malpractice attorney?

Medical malpractice law is a very specialized area that requires an attorney with a lot of experience. This is because there is plenty of overlap between complicated medical and legal matters. There also are unique procedural matters that come up in medical malpractice cases. Most attorneys in medical malpractice law practice one of two kinds:

Why do attorneys turn down medical malpractice cases?

If you (or a loved one) suffered an injury based on a bad diagnosis, botched surgery, doctor fraud, prescription error, or breach of doctor-patient confidentiality, a medical malpractice lawyer can help. Medical malpractice lawyers may also defend you if you are a medical professional who was sued for malpractice.

What attorney should I hire for a medical malpractice claim?

Most bar associations require lawyers who want to be listed in a specialty such as medical malpractice to demonstrate a specified level of experience in that field. In order to be connected with a lawyer, simply call or email the bar association and ask to be referred to a qualified lawyer.

Which element of malpractice is hardest to prove?

In Medical Malpractice, “Causation” is Often the Most Difficult Element to Prove. Stated simply, medical malpractice, or medical negligence, is medical care or treatment that falls below the accepted standard of care and causes actual harm to a patient.

What percentage of malpractice suits are successful?

The findings have been remarkably consistent. Physicians win 80% to 90% of the jury trials with weak evidence of medical negligence, approximately 70% of the toss-up cases, and 50% of the cases with strong evidence of medical negligence [18].

What are the 3 defenses to medical malpractice?

Common Defenses in Medical Malpractice Lawsuit CasesDefense Strategy #1: The Healthcare Professional Blames You. ... Defense Strategy #2: The Healthcare Professional Blames Another Doctor or Provider. ... Defense Strategy #3: The Healthcare Professional Denies All Liability.

What are the most common medical malpractice claims?

In no particular order, the following are types of the most common medical malpractice claims:Misdiagnosis or delayed diagnosis.Failure to treat.Prescription drug errors.Surgical or procedural errors.Childbirth injuries.

Is it hard to prove medical malpractice?

The evidence that is required to prove a medical case in Court is often difficult to secure (it is hard to find good doctors who are prepared to comment critically on the care given by other doctors) and even when such evidence is obtained, the opinions of our experts are almost always disputed by doctors retained by ...

How do I get a malpractice attorney to take my case?

6 Steps To Hire A Medical Malpractice AttorneyCheck the statute of limitations.Initiate your medical malpractice claim.Find a qualified medical malpractice attorney.Determine how much the attorney will charge.Prepare questions for the consultation, and get answers.More items...•

What is an example of medical negligence?

Here are some examples of medical negligence that might lead to a lawsuit: Failure to diagnose or misdiagnosis. Misreading or ignoring laboratory results. Unnecessary surgery.

What are the best defense against a malpractice suit?

Three of the most common defense strategies in medical malpractice cases are:rejection of expert testimony.reduction or elimination of damages, and.absence of causation.

What is classed as medical negligence?

Medical negligence is substandard care that's been provided by a medical professional to a patient, which has directly caused injury or caused an existing condition to get worse. There's a number of ways that medical negligence can happen such as misdiagnosis, incorrect treatment or surgical mistakes.

What are the 3 types of malpractice?

There are three common types of medical malpractice lawsuits – failure to make the correct diagnosis, birth injuries and medication errors. In this blog, we discuss these medical errors in order to help you determine whether you have suffered an injury as a result of medical negligence.

What are the two types of medical negligence?

Six Common Types of Medical MalpracticeMisdiagnosis. Many malpractice cases qualify as misdiagnosis. ... Delayed Diagnosis. This form of malpractice is similar to misdiagnosis. ... Failure to Treat. ... Surgical Errors. ... Birth Injury. ... Medical Product Liability.

What are some examples of negligence?

Examples of negligence include:A driver who runs a stop sign causing an injury crash.A store owner who fails to put up a “Caution: Wet Floor” sign after mopping up a spill.A property owner who fails to replace rotten steps on a wooden porch that collapses and injures visiting guests.

What Is Medical Malpractice?

Medical malpractice takes place when a healthcare provider provides treatment that falls below the accepted standard of care in the medical communi...

Examples of Medical Malpractice

Patients can be victims of medical malpractice in a variety of different ways. Below are some examples.Anesthesia ErrorsAnesthesia errors are one a...

How Do You Know If You Have A Medical Malpractice Case?

You might be asking yourself, “How do I know if I have a medical malpractice case?” or “How Can I Prove a Medical Malpractice Case?” If you’re cons...

Damages in A Medical Malpractice Case

Although we touched on medical malpractice damages above, here is some more detailed information on the type of damages in a medical malpractice ca...

What Does A Medical Malpractice Attorney do?

If you’ve determined that you might have a medical malpractice case, you probably have some questions: How do I choose a good attorney and what can...

How Long Do You Have to File A Lawsuit For Medical Malpractice?

Under laws in certain states, a statute of limitations limits the amount of time under which an injured patient may pursue a medical malpractice la...

Why Morgan & Morgan Has Won Millions For Injured Patients

Our attorneys at Morgan & Morgan have recovered millions of dollars for injured patients, because we’ve been doing this a long time. We know what t...

What is medical malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.

What are some examples of negligence by an anesthesiologist?

Some examples of negligence by an anesthesiologist include: Administering the wrong type of dose of anesthesia. Administering anesthesia too late.

What are the damages for a patient who has passed away?

An injured patient or the family of a patient who has passed may be awarded damages for the harm caused by a negligent medical professional, hospital, or other party. These damages are intended to compensate the victim for losses they’ve suffered, and may include: Medical expenses: - Medical expenses may cover hospital stays, doctor visits, physical therapy, prescription drugs, assistive devices, and other past and future costs associated with your injury. - Lost Wages and Loss of Earning Capacity: If you’re forced to take time away from work to recover from your injury, you may be eligible to collect compensation for lost wages. If you’re unable to earn the same amount of money as you did prior to your injury, you may be awarded compensation for diminished earning capacity. - Pain and Suffering: Pain and suffering damages are designed to compensate the victim for physical pain caused by their injury, as well as emotional distress (e.g., anxiety, fear, depression, and other mental suffering). - Loss of Consortium: Surviving family members may be awarded compensation for the loss of aid, companionship, and other benefits of a family relationship. - Other Damages: You may be awarded other various damages including loss of life’s enjoyment, disfigurement, and punitive damages (intended to punish severe negligence or recklessness).

Can MRIs cause serious injuries?

Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings.

Can a hospital be held liable for medical malpractice?

Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.

Is a hospital liable for malpractice?

Hospital Malpractice. In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, ...

What are the types of anesthesia errors?

Anesthesia Errors There are multiple types of anesthesia with distinct purposes: - General: In general anesthesia, the patient is unconscious and unaware of sensations. They don’t feel any pain or remember the procedure afterward. - Regional: Regional anesthesia numbs a specific part of the body, such as an arm or leg. - Local: Local anesthesia numbs one small area of the body. For example, it may be given to relieve a patient’s pain while a deep cut is sewn. Each type of anesthesia carries the risk of complications. One of the most common and serious complications is anesthesia awareness, also known as intraoperative awareness. This occurs when a patient regains consciousness during surgery. If anesthesia is used incorrectly and a patient is injured as a result, the negligent medical professional may be liable for the resulting damages. Some examples of negligence by an anesthesiologist include: - Administering the wrong type of dose of anesthesia - Administering anesthesia too late - Failing to put a patient under anesthesia - Failing to properly manage the administration of medications and fluids Birth Injury The birth of a child should be a joyous occasion. Unfortunately, that’s not always how it turns out. That’s because sometimes doctors fail to provide a safe childbirth process. The end result may be a debilitating birth injury such as cerebral palsy, Erb’s palsy, or brachial plexus palsy. Birth injuries can occur for a variety of reasons, but they tend to have one thing in common: They could have been prevented with reasonable medical care. Common causes of birth injuries include: - Excessive Force: If a doctor exerts too much force on a newborn baby’s neck or limb when using forceps or during vacuum extraction, it can lead to nerve damage. - Delayed C-Section: Failure to perform a C-section in a timely manner can result in injury or death to the child. - Oxygen Deprivation: Various complications can deprive a newborn of oxygen. If, for example, the umbilical cord wraps around the baby’s neck, it can lead to cognitive delay or brain damage. - Failure to Monitor: If the doctor neglects to monitor the mother and baby’s condition throughout, problems such as placenta previa or a ruptured uterus can occur. Emergency Room Errors Emergency rooms are hectic, but medical professionals are trained to manage difficult situations and must uphold a high standard of care no matter what. Negligence on the part of a doctor, nurse, or other staff member can lead to serious, debilitating injuries. Examples of emergency room negligence include: - Misreading charts, x-rays, or MRIs - Failing to diagnose a condition - Making an incorrect or delayed diagnosis - Making medication errors - Failing to recognize or treat postoperative infections - Neglecting to monitor a patient post-treatment Hospital Malpractice In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education. If a hospital hires an incompetent or underqualified staff member, it may be liable for any injuries caused by that employee. Hospitals are also responsible for appropriately staffing the hospital so that patients receive proper care and employees aren’t asked to do more than can be reasonably expected. They’re also charged with keeping track of patient records. Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place. However, vicarious liability does not cover the actions of independent contractors. Many doctors are not hospital employees, but rather are employed on a freelance basis while they run their own private practices. (If, however, the hospital hires a contractor without the requisite experience or credentials, the hospital may be liable for any resulting injuries.) Medical Device Errors Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings. Misdiagnosis or Delayed Diagnosis A misdiagnosis can have devastating effects for a patient. They may suffer debilitating pain, lasting physical impairments, and even death due to lack of appropriate treatment. They may also endure severe side effects from receiving treatment for the wrong condition. A delayed diagnosis can have similar outcomes, particularly as the condition progresses. Whether a patient is misdiagnosed or their condition is diagnosed too late, they’ll need to demonstrate negligence on the part of their doctor. For example: - Failure to listen: It’s the doctor’s responsibility to listen and examine the symptoms the patient is describing. - Failure to recognize key symptoms: Healthcare professionals are trained to make diagnoses based on their patients’ symptoms. Failure to make a diagnosis, despite symptoms that indicate a particular illness, may constitute medical malpractice. - Failure to examine a patient’s medical history: Physicians must examine their patients’ personal and family medical histories. An illness can worsen that otherwise would have been easily identifiable. - Ordering an improper test: If a doctor orders incorrect tests based on the symptoms described to them, they may be liable for any ensuing injuries. - Failing to order tests: A doctor can be found negligent for failing to order standard tests after observing certain symptoms. - Failing to interpret test results correctly: Medical professionals are responsible for interpreting test results correctly. Postoperative Negligence Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice. Some of the common infections, illnesses, and other conditions that arise from postoperative negligence include: Sepsis Viral infections Internal bleeding Necrotizing fasciitis Infections at the site of surgery Tissue necrosis Organ perforation Urinary tract infection (UTI) Staph infection Methicillin-resistant Staphylococcus Aureus (MRSA) Bloodstream infections Blood clots or pulmonary embolism Respiratory infections such as pneumonia Peritonitis Other Examples of Malpractice The above is not an exhaustive list. There are many other examples of medical malpractice, including: Neglecting a patient Refusing to offer proper treatment Failing to refer a patient to a specialist if their physician is providing inadequate care Performing nonconsensual surgery Failing to adhere to hospital protocols Administering drugs that interact negatively with one another Giving a drug to a patient who is allergic Neglecting to monitor or act upon changes in vital signs Failing to intubate Neglecting to inform the patient of instructions regarding a procedure

What do medical malpractice attorneys represent?

They represent patients who have been injured. If you have been hurt because of a medical error, you need to hire a plaintiff's lawyer. But know that experienced medical malpractice attorneys often turn down cases, so you may have to ask several to take your case.

Why is medical malpractice a specialized area of law?

This is because there is plenty of overlap between complicated medical and legal matters. There also are unique procedural matters that come up in medical malpractice cases.

How to find a lawyer in your area?

Call a bar association in your city, state or county. Most local bar associations have several search/referral tools to assist you in finding an attorney in a certain specialty. Note that a bar association cannot give you specific recommendations, but they do offer lists of practicing attorneys in your area.

How to find out if a lawyer is a trial lawyer?

You also can check the American Bar Association for local bar associations in your area. See if the attorney is listed in your area, check his background and see if he has ever been disciplined.

Can a doctor be immune from a malpractice lawsuit?

Enjuris tip: If your medical malpractice case involves a federal health care center or health care provider, he or she may be immune from a medical malpractice lawsuit, per The Federal Tort Claims Act.

What to do if you have health insurance?

If you have health insurance, provide that information to your lawyer. He needs to know the scope of your coverage. Medical bills and invoices. If you do have health insurance, that company may pay much of your bills. But your attorney still wants to see how much you were charged.

What to do if you don't have mental health records?

If you don't have the records, your attorney can get them for you . Mental health records. If you have seen a mental health professional, your lawyer should review these documents whether or not you are claiming the treatment is because of the medical condition. Your First Meeting with an Attorney.

How do medical malpractice lawyers find medical experts?

Experienced medical malpractice lawyers know how to find a medical expert in any specialty. Some work with medical expert witness services, and others are so experienced that they literally have the names and phone numbers of numerous doctors in almost every specialty. You want an answer that shows that the lawyer knows what he or she is doing.

How to find a good medical malpractice lawyer?

Perhaps the best way to find a good medical malpractice lawyer is to ask a lawyer who you already know and trust to recommend one. Most lawyers have long contacts lists, gleaned from years of litigation and lawyer-to-lawyer networking. If you don't know any lawyers, but have a close friend or relative that has used a lawyer, ...

What are the different types of lawyers?

Lawyers come in all types, just as people do. There are curt, brusque lawyers, and there are warm, friendly, touchy-feely lawyers. They might all be equally effective at getting money for their clients, but they all might have totally different kinds of relationships with their clients. It's up to you to figure out what kind of attorney-client relationship you want.

What happens if you can't find a medical expert witness?

If you have a medical malpractice case and cannot find a qualified medical expert witness to give an opinion that the defendant was negligent, your case will almost surely be dismissed. Experienced medical malpractice lawyers know how to find a medical expert in any specialty.

What is the most important thing to consider when considering a medical malpractice lawyer?

When you're considering a medical malpractice lawyer, the most important issues are the lawyer's experience in medical malpractice cases and whether you and the lawyer are a good fit for on another.

How to connect with a lawyer by specialty?

You can utilize a "chat" feature or submit an email request—along with some general information about your case— to have qualified, local lawyers give you a call.

How to get a lawyer referred to a lawyer?

In order to be connected with a lawyer, simply call or email the bar association and ask to be referred to a qualified lawyer. Start by doing an online search for "bar association" in your city or state.

Pursuing a Legal Claim Against a Negligent Attorney

When you are wondering “What kind of legal action is a malpractice suit,” you may be unsure about whether you have a strong case.

Proving Legal Negligence

So what kind of legal action is a malpractice suit? Most malpractice lawsuits are cases involving legal negligence. The legal concept of “negligence” involves the breach of a certain explicit or implicit duty.

Common Categories of Legal Malpractice Cases

Each legal malpractice claim is distinct. However, some categories of legal malpractice are more common than others. Attorney negligence can happen in a range of different contexts.

FAQs

There are many ways that a lawyer can be negligent and cause financial harm to their clients. Some of the most common types of malpractice cases include:

Morgan & Morgan Is on Your Side

When you have questions like “What kind of legal action is a malpractice suit?” look no further than the experts at Morgan & Morgan. Our compassionate attorneys have been fighting hard for victims of legal negligence since 1988.

What is Medical Malpractice Law?

Medical malpractice occurs when an injured patient is harmed by a doctor (or other health care professional) who fails to competently perform their duties.

Basic Requirements for a Medical Malpractice Claim

To prove that medical malpractice occurred, you must be able to show all the following four legal elements:

How Common are Medical Malpractice Cases?

According to a recent study by Johns Hopkins University, medical error is now the third leading cause of death for men and women in the United States. The researchers determined that over 250,000 fatalities relating to malpractice and negligence occur each year in the U.S.

What are the Odds of Winning a Medical Malpractice Claim?

Researchers with the Clinical Orthopaedics and Related Research journal compiled 20 years of data of medical malpractice outcomes to examine the correlation between suspected patient injuries, lawsuits, and awarded compensation.

How Hard is it to Prove Malpractice?

One of the most challenging aspects of medical malpractice litigation is identifying negligence on the part of a doctor, nurse, surgeon, or other health care provider. Medical professionals are subject to high standards for providing care.

What is the Standard of Care?

The standard of care is the legal term for what a professional with the same background as your provider would reasonably do in a given situation. It encompasses the diagnosis, treatment, monitoring, and other steps a prudent doctor or other professional would employ in caring for a patient.

What are the Most Common Medical Malpractice Claims?

Any deviation from accepted ethical standard of care may result in medical malpractice. Some claims happen more frequently than others. The most common types of medical malpractice claims include:

How does malpractice compensation work?

Payouts in medical malpractice cases are generally based on the losses (or “ damages ”) that the patient experienced as a result of the medical error— from extra medical bills and lost earnings to noneconomic damages like pain and suffering. Many states set caps on medical malpractice damages. In some states (like California ), those maximum amounts haven’t been adjusted for inflation in a long time. In addition to these caps, several states require that any payout be reduced by the amount of benefits related to the injury that the patient received from other sources, like health insurance or disability benefits. So your award could be cut down significantly if most of your damages were in the form of additional medical costs that were covered by insurance. When you combine these caps with the very high costs of pursuing these cases (discussed above), too many cases would represent a loss for attorneys.

How long does it take to file a medical malpractice lawsuit?

The time limits vary from state to state (usually from one to four years), and they often have provisions that aren’t all that easy for ordinary people to understand (such as when the “clock” starts). If patients wait too long to start looking for a lawyer—which can easily happen when they’re overwhelmed with health issues—they may be out of luck.

How many lawyers did readers with legal representation contact before hiring one?

Nearly half of readers with legal representation contacted three or more different lawyers before they hired one.

How much do lawyers charge for contingency fees?

When lawyers agree to work on your case for a contingency fee, the percentage they’ll charge can vary quite a bit—from less than 25% to more than 40% —depending on where you live and the individual attorney. More than four in ten readers paid between 30 and 39%, with 33% as the most commonly reported fee. The overall average was 31%. These results fall in line with the common practice among lawyers to charge about one-third of settlements that are reached before a trial date is set.

Can a lawyer tell if there is malpractice?

While lawyers may need to consult with experts in complex cases, they can often tell from the first conversation with a potential client that there isn’t sufficient evidence of malpractice. Some readers told us they appreciated learning this at the outset, because it allowed them to move on. Tries Before Hiring Lawyer.

Why do lawyers turn down cases?

Lawyers turn down cases for many different reasons, from understaffing to conflicts— such as when they have a professional relationship with the doctor or hospital you want to sue. But the most common reasons cited by our readers reflect the biggest stumbling blocks to finding a lawyer: potential payouts that are too low (compared to the high costs), short deadlines for filing lawsuits, and the difficulty of proving that a medical mistake amounted to malpractice.

Do readers who had lawyers get settlements?

Readers who had lawyers were almost twice as likely to receive a settlement or award as those without legal representation. You may also need economic or vocational experts to prove the extent of your losses as a result of the medical error.

What is medical malpractice?

Medical malpractice refers to the negligence of a healthcare professional resulting in the injury of a patient with whom they have, or previously had, a professional relationship. Under the corporate negligence doctrine, the hospital itself may be held responsible for a mistake made by a doctor or other staff employed by the hospital.

How is a hospital lawsuit different from a malpractice suit?

Hospital lawsuits are different from malpractice suits against an individual doctor, as proceeding in the lawsuit against a corporation is different than suing an individual. For example, when initiating a lawsuit against an individual, you may serve them directly with your lawsuit.

What does a medical award cover?

This award may cover hospital bills, medical therapy, pharmaceutical costs, and insurance fees. It may also cover related losses such as lost wages, which is more likely if the injury was the direct cause of the victim losing their job. In very serious cases, there may be additional consequences.

How can an attorney assist in determining how to proceed and who to hold responsible?

An attorney can assist in determining how to proceed and who to hold responsible, by conducting discovery, which is a legal method of investigating potential claims. Find the Right Personal Injury Lawyer. Hire the right lawyer near your location. Find My Lawyer Now!

Who is responsible for a hospital accident?

If the negligent party is an employee of the hospital, the hospital itself will typically be responsible if the employee hurts someone else with their incompetence or negligence. Nurses, medical technicians, and support staff are all generally hospital employees. If these employees were doing something related to their job when they caused the patient’s injury, the hospital is likely responsible; however, this may not be the case if the employee made the mistake while under the supervision of a doctor.

Can a hospital be sued for medical malpractice?

Due to the specific nature of a hospital environment, injuries that result in a lawsuit against the hospital often involve different areas of the law. Each state has its own specific laws meant to govern medical malpractice, as well as what is required to bring a lawsuit against a hospital.

What is vicariously liable for a patient?

Hospitals may be vicariously liable if: A nurse or technician gives a patient the wrong medication, or an improper dose; Leaving an object in the patient’s body; Improper treatment or dressing of wounds; and/or.

What is a contingency fee for medical malpractice?

A contingency fee allows you to skip paying anything up front.

Why do lawyers work on contingency?

Many medical malpractice lawyers choose to work on contingency, because of the attractive advantages it offers clients: Because your lawyer has a financial motivation to achieve a large financial award, you know he or she will work hard toward that end.

Can a lawyer work on a graduated scale?

A lawyer who works on contingency may be willing to work on a graduated scale, for example, taking a smaller percentage if the case settles quickly. Any rate negotiations should occur before you agree to hire an attorney, not after.

Do lawyers charge hourly?

Hiring a Lawyer for an Hourly Rate. Lawyers who oversee business dealings or divorces often charge an hourly rate. Lawyers who handle personal injury cases, which include medical malpractice lawsuits, often do not. This is because many of the clients are unable to front the money for the lawyer while still tending to their medical needs and ...