what kind of lawyer do i need to sue my doctor

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 the treating doctor has insurance to pay the claim.

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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?

Most of the time, you and your attorney will attempt to negotiate a settlement with the medical providers who harmed you. If not, you may have to move your battle to the courtroom. Filing Your Lawsuit. The documents needed vary from state to state. In Michigan, you and your medical malpractice lawyer will prepare the following documents to get your medical malpractice …

Who is the best medical malpractice attorney?

an experienced medical malpractice lawyer is typically crucial to a favorable outcome; a qualified medical expert witness usually must vouch for the merits of your case, and; in many states, plaintiffs must comply with special procedural rules before (or concurrent with) the filing of the lawsuit. Let's take a closer look. 1.

Why is Sue your doctor?

Feb 16, 2015 · We then employ the advice of a medical expert to confirm that your doctor did not treat you with good and accepted medical care, causing your injuries and harm. Medical malpractice cases can take quite a bit of time and they need a lot of effort that your attorney can offer. Your medical malpractice attorney will understand the steps in which to bring a lawsuit, …

How to sue a doctor for medical malpractice?

As soon as you think you are a victim of medical malpractice, take the following two steps: 1 Gather information, like medical records. You could also keep notes detailing your concerns about your doctor’s potentially negligent actions. 2 Talk to a medical malpractice attorney. Your lawyer can discuss your options, including whether to sue your doctor or not.

Can you be injured by someone you trusted?

Being injured by someone you trusted to take care of you can be hard to handle. If you are interested in discussing a medical malpractice claim, be sure to call us for a free consultation.

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.

Do medical malpractice cases require a medical witness?

Third, medical malpractice cases almost always require an expert medical witness or a team of medical experts in order to prove liability.

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 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 you sue a doctor for negligence?

You may want to sue if your doctor was negligent in providing medical care. People are often reluctant to sue a doctor for medical negligence because they aren't aware that they can, or they don't want to sue for damages . If you were injured as the result of negligent medical care, a lawsuit may provide you with compensation for your injuries.

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.