what kind of lawyer do i need to sue a doctor

Should I Sue my doctor?

Mar 04, 2015 · Posted on Mar 4, 2015. If the doctor fell below the standard of care, then you would want a medical negligence (aka medical malpractice) attorney. Be advised that med-mal claims are expensive and very difficult to prove - and that's if …

How to sue your doctor?

Feb 23, 2021 · The best and most experienced type of lawyer that can help you with your case is a medical malpractice lawyer. What is Medical Malpractice? Medical malpractice is a widespread issue that can happen to any patient when they least expect it, causing someone who may have never been involved in the legal system before to need to sue a doctor.

Who is the best medical malpractice attorney?

Second, you need an experienced medical malpractice lawyer in order to get anywhere in settlement discussions with the doctor's insurance company. Medical malpractice insurance companies won't take an unrepresented plaintiff seriously, and might not even extend a fair settlement offer to a plaintiff whose lawyer does not specialize in medical malpractice.

Why is Sue your doctor?

Oct 25, 2020 · What kind of lawyer do I need to sue a doctor? To receive the compensation you deserve, you may need to sue the doctor, medical professional, or healthcare service provider that provided or failed to provide treatment to you. The best and most experienced type of lawyer that can help you with your case is a medical malpractice lawyer.

What is Medical Malpractice?

Medical malpractice is a widespread issue that can happen to any patient when they least expect it, causing someone who may have never been involved in the legal system before to need to sue a doctor.

Hiring a Lawyer To Sue a Doctor

Medical malpractice laws recognize that injured patients have the right to seek financial compensation, but the process is very confusing and requires an experienced personal injury lawyer to navigate.

Philadelphia Medical Malpractice Attorneys

Healthcare professionals have an obligation to their patients to act in accordance with the oath they swore to “ Do No Harm .” No patient seeking care should ever have to endure additional pain and suffering caused by those they trusted to heal them.

Why is finding a lawyer important in a medical malpractice case?

First, medical malpractice cases are a challenge to win, since they tend to involve complex legal and medical issues.

How long do you have to file a medical malpractice lawsuit?

All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes of limitations. These laws can be very complex, since in most states the deadline can vary depending on the circumstances of a particular case. So the text of a typical statute of limitations for medical malpractice lawsuits might include: 1 the standard filing deadline (i.e. one year, two years) 2 the " discovery rule " exception for situations in which the patient did not know (or could not reasonably have learned) that a health care provider's medical negligence played a role in their harm 3 an overarching time limit for filing the lawsuit (called a "statute of repose"), which applies regardless of any "discovery rule" extension, and 4 the deadline for minors, incapacitated individuals, and others.

What is the statute of limitations for medical malpractice?

All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes of limitations. These laws can be very complex, since in most states the deadline can vary depending on the circumstances of a particular case. So the text of a typical statute of limitations for medical malpractice lawsuits might include:

What is the pre-lawsuit filing rule?

3. The "Certificate of Merit" and Other Pre-Lawsuit Filing Rules. In many states, the plaintiff's lawyer must submit what is called an "offer of proof" or a "cer tificate of merit" when (or soon after) filing the lawsuit, and before any pretrial investigation occurs.

What is a sworn opinion in a medical malpractice case?

Depending on the state's laws, this filing can require a qualified physician to review the plaintiff's medical records and write a sworn opinion decla ring that the defendant physician was negligent in providing care to the plaintiff, and that the physician's negligence caused the plaintiff's subsequent injuries.

How long does a patient have to file a discovery rule?

the standard filing deadline (i.e. one year, two years) the " discovery rule " exception for situations in which the patient did not know (or could not reasonably have learned) that a health care provider's medical negligence played a role in their harm.

When do you have to submit an offer of proof?

In many states, the plaintiff's lawyer must submit what is called an "offer of proof" or a "certificate of merit" when (or soon after) filing the lawsuit, and before any pretrial investigation occurs .

What kind of lawyer do I need to sue a doctor?

To receive the compensation you deserve, you may need to sue the doctor, medical professional, or healthcare service provider that provided or failed to provide treatment to you. The best and most experienced type of lawyer that can help you with your case is a medical malpractice lawyer.

Can lawyers use the title doctor?

Like medical school students who earn an M.D. and graduate school students in any number of academic disciplines who earn a Ph. D., most law school students also receive a doctoral degree–juris doctor, to be precise. Actually, the appellation of juris doctor is of fairly recent vintage. …

Is there reciprocity between state medical licensing boards?

Licensing boards and statutes can be complex and vary from state to state, depending on each jurisdiction’s resources, regulations and state laws. While there is a trend toward uniformity of requirements among licensing boards, automatic reciprocity between state medical boards has mostly been discontinued.

When to see a health care law attorney?

If you, as a patient, have issues related to Medicare & medicaid, medical bills, access to care, medical record confidentiality, consent to medical treatment, a health & health care law attorney can help.

When to contact the Licensing Board for medical malpractice?

In most cases, medical providers are willing to perform services (sometimes free of charge) to correct a problem or provide a solution. If contacting the medical professional doesn’t help the situation, you may wish to contact the licensing board that governs medical licenses.

How to prepare for a medical licensing board?

Provide the licensing board with a résumé or curriculum vitae. This will allow a licensing board to evaluate potential problem areas early in the process. Exercise patience and courtesy in the licensing process.

Can you sue a doctor directly?

The doctor must have been negligent in connection with your diagnosis or treatment. To sue for malpractice, you must be able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have.

How to find a lawyer for medical malpractice?

1. Make a list. Medical malpractice cases are among the most complicated cases to pursue, so you will need a lawyer. Check your Yellow Pages for attorneys, and perform a web search. Type “lawyer,” “medical malpractice,” and your city into your favorite search engine.

What happens if you settle a medical malpractice claim?

If you agree to a settlement with your doctor's medical malpractice insurance company, you will be asked to sign a legal document that prevents you from suing the doctor in the future for the same injuries.

How to build a malpractice case?

Documenting your injury is the most important thing you can do to build a strong medical malpractice case. Request your medical records. Gather a complete set of medical records for your trial, including radiology reports, notes from your doctor, and reports from third-party medical professionals who you visited.

Why is a medical claim worth less?

If the medical treatment aggravated a prior injury, your claim could be worth less because the jury may decide that the prior injury is to blame for your pain and suffering. How sympathetic the plaintiff is. If the plaintiff has a criminal record, then the amount of damages awarded could be lower.

What is the closing argument in a case?

The closing argument is your lawyer’s chance to explain how the evidence presented should command a result in your favor. In a bench trial, the court will often request that the attorneys write briefs. These are legal arguments, which cite to the evidence presented as well as to the controlling legal authority.

What to do if your doctor denies your request?

Your doctor’s office should provide you with this. If your provider denies your request, it must provide you with a denial letter. The letter should tell you how to appeal, but also realize that you can get the medical records with a subpoena after you initiate a lawsuit.

Can you sue a doctor for malpractice?

When suing a doctor for malpractice, you can sue the doctor independently. In some cases, you can also sue the hospital where you received the negligent treatment. If you were injured during surgery, you also may sue anyone who attended to you during surgery, such as doctors and nurses.

Can I Just Hire a Personal Injury Lawyer for a Medical Malpractice Claim?

Won’t a skilled personal injury attorney do the same thing as a medical malpractice attorney? The short answer: no. Personal injury law is a broad field of legal practice, within which medical malpractice is a very specific area. Medical malpractice cases by their very nature involve complex medical and legal components.

Why do I Need a Dedicated Medical Malpractice Attorney?

There are a myriad of reasons to enlist an experienced medical malpractice lawyer if you want to sue another party for medical negligence. Here are a few of the top things to remember when deciding who will represent you:

What does a Medical Malpractice Lawyer Do?

The complexities of medical malpractice law are vast, which is why it is best to have a lawyer who knows and understands the specifics of medical negligence claims. There are a number of key functions that an experienced medical malpractice attorney will serve when representing you in a lawsuit.

Need a Medical Malpractice Case Attorney in NJ? Contact Fronzuto Law Group for Immediate Assistance

If you or a loved one suffered harm as a result of medical negligence in New Jersey or you are wondering if you may have grounds for a lawsuit, you have come to the right place. Fronzuto Law Group is a team of highly experienced medical malpractice lawyers who assist clients throughout New Jersey with negligence claims.

What to do before you sue a doctor?

Before you decide to sue your doctor, make sure you are prepared to deal with the ensuing aggravation and potential financial ramifications. Expert witnesses, copies of medical records, deposition and witness fees, medical exams -- all of these things cost money.

Can a doctor accuse a brother of making a mistake?

But take any opinions with a grain of salt. Some doctors simply won't accuse a "brother physician" of making a mistake. Some malpractice attorneys will exaggerate the potential of your claim in an attempt to make money.

Is malpractice a thing?

Bringing a medical malpractice claim is not a thing to be taken lightly. Malpractice lawsuits are expensive, time consuming, and can open you up to public inspection. And, unlike most other types of personal injury claims, case trends show a tendency toward favoring doctors and other care providers, not injured plaintiffs.

Do malpractice attorneys make money?

Some malpractice attorneys will exaggerate the potential of your claim in an attempt to make money. Use your best discretion when seeking opinions on your treatment, but be diligent in the pursuit of information. Until you file a lawsuit, you are your own best advocate and investigator.

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 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 is the difference between regional and general anesthesia?

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.

What is local anesthesia?

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.

What is post operative care?

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.

What is the Causation of Duty?

Causation: The patient must prove that the breach of duty was directly responsible for their injury. Damages: The injury must have caused economic or non-economic damages. For example, the patient may have incurred additional medical bills or endured emotional suffering.

What is a breach of duty?

Breach of Duty: The physician must have violated their duty to the patient.