what kind of lawyer to sue doctors office?

Should I Sue my doctor?

When we were home later that night, my daughter showed me a cut going down her arm exactly where the doctor removed the cast. I’m furious. Should I take legal action? DEAR PROTECTIVE PARENT: Did you take a picture of your daughter’s arm and immediately ...

How to sue your doctor?

• You should tell your lawyer about illnesses or injuries that you had prior to the doctor’s negligence.
• Also notify your lawyer if you have not followed the doctor’s instructions after treatment. Be honest. ...
• Your doctor’s treatment could still be negligent even if you didn’t comply with his instructions.

Who is the best medical malpractice attorney?

Top Rated Medical Malpractice Lawyers in Pittsburgh, PA

• Joshua P. Geist. Assisting people in Pittsburgh with their Pennsylvania medical malpractice issues.
• Benjamin W. Schweers. Experienced, assertive medical malpractice representation in the Pittsburgh, PA area.
• Bernard R. Rizza. ...
• Neil R. Rosen. ...
• Thomas B. Anderson. ...
• Jon R. Perry. ...
• Jason E. Luckasevic. ...
• William F. Goodrich. ...
• Peter D. Giglione. ...
• Brendan B. Lupetin. ...

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Why is Sue your doctor?

• a specific statute of limitations that applies to medical malpractice cases
• 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

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How to find a lawyer for medical malpractice?

What happens if you settle a medical malpractice claim?

How to build a malpractice case?

Why is a medical claim worth less?

What to do if your doctor denies your request?

Can you sue a doctor for malpractice?

Can you sue a doctor for negligence?

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About this website

Andre Alexander Rouviere

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

Roy D. Wasson

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.

Coleman Peter Hengesbach

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.

Dennis Michael Phillips

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

Christian K. Lassen II

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.

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.

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.

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 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.

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.

Summary of the Key Findings

Before suing a doctor, you should know the statute of limitations in your state, consult a medical expert, and find an experienced lawyer.

What You Should Do Before Suing a Doctor

Filing medical malpractice claims is different from filing other civil lawsuits. Here’s what to remember if you want to file a malpractice lawsuit.

Requirements for a Medical Malpractice Claim

When filing a malpractice suit, you have to be able to prove that medical malpractice happened. These are the requirements you have to show:

Most Common Types of Medical Malpractice

You need to prove a doctor deviated from accepted medical practices, such as prescribing the wrong therapy to leaving an instrument in the patient’s body during surgery.

Compensation You May be Entitled to

An injured patient can be entitled to economic and non-economic damages, such as:

How to Sue a Doctor: Final Thoughts

There are several steps and certain criteria you need to fulfill before suing a doctor. You have to check the legal standard in your state, get expert witnesses, and let the doctor know you intend to sue them.

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.

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.

Can a doctor be found negligent for failing to order a test?

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.

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.

Is medical malpractice a reward?

Unfortunately, that trust isn’t always rewarded. In some instances, the actions (or lack thereof) of a healthcare professional may rise to the level of malpractice.

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, ...

How can a lawyer help you with malpractice?

Causation and proving malpractice can be very complicated, and a lawyer can help you to gather the right evidence and to find the necessary expert witnesses so that you are able to be fairly compensated for any harm that occurred as a result of a professional not being careful when managing your health .

What are the damages for medical malpractice?

The last thing that a patient has to prove in order to be able to recover compensation for medical malpractice is that the harm caused by the practitioner's negligence actually caused some kind of damages. Damages include the following: 1 Medical bills and costs associated with treating the injury that resulted from the negligence or that was exacerbated or made worse as a result of the negligence. This portion of damages covers not just past medical bills but any costs of future expected care as well. 2 Lost wages. This should include all losses, even if the plaintiff was able to take vacations or sick days. It should also include any future losses that will result if the plaintiff expects to miss more work or to be less able to earn income than in the past as a result of the injuries. 3 Pain and suffering 4 Emotional distress 5 Wrongful death if the patient was killed by the medical negligence. 6 Punitive damages if permitted by the state and if the doctor's behavior was negligent enough to be deserving of such damages.

What is the duty of care?

A plaintiff can prove that a health care provider had a duty to provide him/her with competent medical care if there is some relationship between the health care provider and the patient. For instance: Hospitals have a duty to patients who are admitted.

What does negligence mean in a lawsuit?

Essentially, the plaintiff has to show that the negligence was the but for, or proximate and direct cause of some kind of damage and injury. This gets tricky because doctors or hospitals may argue that the injury would have happened and would have been the same even if the negligence had never occurred.

What happens if a doctor doesn't do CPR?

If a doctor, nurse or health care professional provides you with care but doesn't do it right, then he/she can be held responsible. This can range from leaving an instrument inside you during surgery to not performing CPR with a reasonable degree of skill to amputating the wrong foot to any other type of medical procedure performed with a lack of reasonable skill.

What is a breach of duty in healthcare?

The duty was breached. The breach of duty was the direct cause of some kind of harm, without which the harm would not have occurred. The harm directly caused an injury for which the patient may be compensated.

What happens if a doctor fails to diagnose a condition?

If a doctor fails to diagnose a condition that he/she reasonably should have diagnosed given the symptoms you reported and/or the results of the tests performed, then the doctor can be held liable for any problems arising from the misdiagnosis or delayed treatment.

What is the most common legal theory used to sue a hospital?

The most common legal theory used to sue a hospital is medical malpractice. Medical malpractice is when a medical professional acts negligent when treating a patient and they are injured as a result. These individuals will be held to a higher standard of care, which will depend on their type of profession/job title.

How long does it take to sue a hospital for medical malpractice?

The medical malpractice statute of limitations for your state is 3 years, and in this situation it would start running on the date of your surgery. As such, you would have until August 1, 2023 to sue the hospital for medical malpractice.

How many states have medical malpractice lawsuits?

As of 2020, 29 states have damages caps for medical malpractice lawsuits. The other 21 states do not set any cap for medical malpractice damages. Sometimes it is a blanket cap while other times it will just apply to a certain type of lawsuit or category of damages.

Why do estates file wrongful death lawsuits?

The reason an estate may wish to bring a wrongful death lawsuit is to hold the parties responsible for the person’s death accountable and to compensate the person’s beneficiaries for any losses that resulted. Some available damages include loss of companionship, loss of household services, and funeral expenses.

What are the legal theories against hospitals?

Other theories where a hospital could be a named defendant include products liability, wrongful death, and discrimination.

How long does it take to get a lawsuit against a hospital?

This is generally 2-3 years from the date of the injury or when the injury was discovered. However, it can be more or less time depending on what your state requires for bringing a lawsuit against hospitals. For example, say you underwent back surgery on August 1, 2020 and were paralyzed as a result.

What happens if a doctor makes a mistake?

If a doctor or other staff member makes a mistake then the hospital can still be found liable as their employer. This is known as vicarious liability. However, if the doctor is not directly employed by the hospital but instead works on a contract or floating basis, then the hospital may not be an appropriate defendant.

What is medical malpractice?

Medical Malpractice. Medical malpractice is the most common legal claim lodges against doctors. A medical malpractice claim arises when a doctor failed to treat the patient in conformance with the accepted medical standard of care and the patient suffered some injury as a result.

Why do patients share private information with doctors?

Patients instill much trust in their doctors, sharing private information with them in order to receive the best medical treatment. However, situations may arise in which a patient feels that he or she has been treated badly within the scope of the doctor/patient relationship.

What happens if a patient is unconscious?

If the patient is unconscious, he or she will likely not be aware of the act threatened. Additionally, the assault must be impending and immediate. It is not enough for a doctor to threaten something weeks or years down the road. The act must be threatened to occur soon.

Can anesthesia be assaulted?

If a patient is under anesthesia at the time of the contact, an assault tort will likely not apply. This is because assault in this context is based on the patient being conscious and aware of the act threatened upon him or her. If the patient is unconscious, he or she will likely not be aware of the act threatened.

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.