what kind of lawyer do u need to sue a doctor

by Ari Denesik 3 min read

medical malpractice lawyer

Should I Sue my doctor?

Mar 04, 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 the treating doctor has insurance to pay the claim.

How to sue your doctor?

Apr 18, 2011 · Type "lawyer," "medical malpractice," and your city into your favorite search engine. Your attorney must be experienced in medical malpractice cases. The insurance company that defends the doctor against your lawsuit will not take an inexperienced attorney seriously during settlement discussions.

Who is the best medical malpractice attorney?

Talk to a medical malpractice attorney. Your lawyer can discuss your options, including whether to sue your doctor or not. You may need to move quickly to: Preserve evidence, Get the compensation you need for additional medical treatment, and File your lawsuit before the statute of limitations ends, which usually is based on state law.

Why is Sue your doctor?

Mar 07, 2016 · A medical malpractice lawyer will be able to identify the most qualified medical expert to support your claim. 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 …

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Bruce Ward Bain

Please use the find a lawyer feature above and search for a Medical Malpractice Litigation lawyer.

Roy D. Wasson

Although the sub-category of lawyer you need is medical malpractice, the general category is Civil Trial Lawyer.

Coleman Peter Hengesbach

Reach out to a personal injury attorney who specializes in medical malpractice. They will be in the best position to evaluate your case and advise you of any cause of actions you may have. Best of luck.

Dennis Michael Phillips

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.

Christian K. Lassen II

The type of lawyer is called a medical malpractice lawyer. Avvo has a great "find a lawyer" tool to locate a local lawyer.

Mark Theodore Tischhauser

Medical Malpractice lawyer - but don't hold your breath. Patients that hurt themselves that have long standing substance abuse problems and/or mental issues do not usually make good med-mal plaintiffs or cases unless there is some outrageous conduct by doctors.

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.

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.

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.

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 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.

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.

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.

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.

Free Case Evaluation

Please answer a few questions to help us match you with attorneys in your area.

Does Your Case Meet the Legal Threshold for Medical Malpractice?

Before you sue your doctor for medical malpractice, take some time to consider whether you believe your case meets the threshold for a medical malpractice claim. Did your doctor breach the medical standard of care and did that breach cause you to suffer damages? Be honest with yourself.

Was Your Treatment Merely Unsuccessful?

Many people mistakenly choose to file medical malpractice lawsuits because they are unhappy with the results of their treatment. However, a poor result -- even death -- does not always equate to malpractice. Medicine is an inexact science. Even the most routine procedure can result in complications both foreseen and unforeseen.

Can You Afford Not To File? Can You Afford To Lose?

Medical malpractice lawsuits are expensive, time-consuming and emotionally draining affairs. They are long, drawn-out and adversarial processes that often turn ugly. Before you decide to sue your doctor, make sure you are prepared to deal with the ensuing aggravation and potential financial ramifications.

Why do we need malpractice lawyers?

Since these are professions that ascribe to a set of standards , they have greater professional responsibilities that may be challenged in the courtroom or in litigation.

What is IP law?

1. Intellectual Property (IP) Lawyers. Any original creative, scientific, or technical invention which may benefit the public has to be protected ...

Is a civil litigation lawyer a general lawyer?

Technically, all areas of law already mentioned on this list may also be considered civil litigation cases. This is why a civil litigation lawyer is regarded as a general lawyer. However, their primary work comprises handling cases involving a breach of contract. While this may seem simple compared to other areas of law, contract disputes can be a tedious process. So, it will pay to hire an excellent civil litigation attorney who can easily spot the finer details of the case.

What is an intellectual property lawyer?

Any original creative, scientific, or technical invention which may benefit the public has to be protected from copycats and duplicates. If you've created an art design, a unique product, a novel, a song or a computer program, you can consult with an intellectual property lawyer for securing copyright, patents, trademarks, and licensing agreements.

What is a family lawyer?

Family Lawyers. These are lawyers who handle all kinds of domestic cases, such as divorce, legal separation, child custody, adoption, paternity, alimony, prenuptial or postnuptial agreements, and emancipation. But family attorneys may also handle reproductive rights cases, and their work may intersect with other areas of the law.

What is a personal injury lawyer?

This lawyer is an expert in tort law, which deals with civil legal liabilities and damages.

What is a business lawyer?

Also known as corporate lawyers, business lawyers are legal eagles who cover a more full range of expertise in building, managing, maintaining, transferring and dissolving a business. Lawyers in this area of practice deal with the formation of the company, employment contracts, tax compliance, acquisitions, and mergers.

What to do before you sue someone?

Before you sue someone, ask a lawyer if you have a legal basis for a lawsuit. You know you have been injured, but you might have no legal basis to sue, or you may lack proof. In the eyes of the law, hurt feelings, insults and bad blood are usually not enough to sue someone.

How much can you sue for in small claims?

In some states, the limit you can sue for in Small Claims is $5,000 or $10,000. You can sue in Small Claims for the return of a rent deposit, unpaid bills, or a broken contract. Many people regularly sue someone and argue their own case in Small Claims Court without a lawyer.

Can you sue someone for slander?

And you can't sue someone for slander, unless you can prove the slander is actually a lie. You must show that your loss is actionable. A good lawyer will help you weigh the merits of your case before you sue someone. Sometimes to sue someone is not the best answer for your problem.

What happens if you can't afford a lawyer?

The lawyer will not bill you, but will take a percentage of the money awarded if you win the case. Your lawyer's fee might be 30% or more of the award when you sue someone.

What are the duties of a doctor?

When doctors prescribe medications, they have a legal duty to assess: 1 the relative benefits and risks of the medication in light of the patient's overall health 2 the relationship of the prescription to other medications being taken by the patient, and 3 the medication's known side effects.

What are some examples of side effects?

Some of the more serious examples of side effects include organ damage, depression, suicidal thoughts and even death.

Do prescriptions have to be written?

A prescription needs to be properly written, filled, and administered, or any resulting harm to the patient may lead to a lawsuit. By Neil Goodman. Updated: Apr 9th, 2015. As almost any pharmaceutical company advertisement will tell you, prescribed medications often come with side effects that can be pretty significant.

What to do if you have ill effects after taking a prescribed medication?

If you're suffering any ill effects after taking a prescribed medication, the first thing you need to do is talk to your doctor, especially if what you're experiencing is beyond mild, anticipated side effects.

Do pharmacists have to read prescriptions?

the medication's known side effects. When pharmacists dispens e prescribed medications, they must correctly read the doctor 's prescription and fill it with the correct medication in the properly-prescribed dosage. And finally, when prescribed medications are administered by way of an injection in a doctor's office or hospital setting, ...

Can a pharmacist be sued for malpractice?

The failure of a doctor, pharma cist or nurse to comply with any of the above-mentioned duties may provide the basis for a medical malpractice lawsuit if certain elements can be proven.

Can you bring a product liability claim for medical malpractice?

In addition to (or instead of) an action for medical malpractice, depending on the facts of your situation you may be able to bring a product liability claim, if you can establish that: the manufacturer failed to provide adequate warning of known risks and side effects.

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