what type of lawyer would you hire if you wanted to sue a doctor

by Fabiola Kuhn 6 min read

Find a Medical Malpractice Lawyer (and a Medical Expert)
First, medical malpractice cases are a challenge to win, since they tend to involve complex legal and medical issues.

Should I Sue my doctor?

Mar 04, 2015 · Message. 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 the treating doctor has insurance to pay the claim.

How to sue your doctor?

2. Find a Medical Malpractice Lawyer (and a Medical Expert) Finding a qualified and experienced lawyer is critical in a medical malpractice case—more so than in a standard personal injury case—for several reasons. First, medical malpractice cases are a challenge to win, since they tend to involve complex legal and medical issues.

Who is the best medical malpractice attorney?

You're most likely looking for a personal injury lawyer who represents people who have been injured as a result of someone else's negligence. But you might want to consider hiring a personal injury attorney who has experience bringing similar claims against the government, maybe even against the same municipality that you're looking to hold responsible for your injury. From a …

Why is Sue your doctor?

Answer (1 of 7): It depends on the type of legal claim you want to make against the company. If you are claiming you suffered personal injuries, pain and suffering, and/or emotional distress, you would look for a lawyer who specializes in accident, product liability, or personal injury law. If yo...

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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.

Who can consult with constitutional lawyers?

People with advocacies can consult constitutional lawyers if they think their rights have been violated. For instance, non-profit organizations like the American Civil Liberties Union (ACLU) and the National Association for the Advancement of Colored People (NAACP) employ constitutional lawyers to protect minorities involved in a legal process.

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 ...

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.

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:

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 is a certificate of merit?

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 "certificate of merit" when (or soon after) filing the lawsuit, and before any pretrial investigation occurs.

How long does it take to file a claim for an accident?

You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases. What do you need to include in the claim (also called ...

Do I need a lawyer for an accident?

If you think that a local government entity (or a government employee) is to blame for an accident, you don't need to hire a special kind of lawyer in order to bring a legal claim. You're most likely looking for a personal injury lawyer who represents people who have been injured as a result of someone else's negligence.

What is a disability attorney?

The Social Security Disability system can be a particularly complex system in which to navigate. An attorney who specializes in Social Security Disability issues can help you with any step in the Social Security Disability process, including assisting you with eligibility issues, launching an appeal of a decision to deny you benefits and dealing with the reduction or termination of your benefits.

What is a worker's compensation lawyer?

If you’ve been injured while on the job, or have had to face the death of a loved one as a result of a workplace accident or occupational disease, a lawyer who specializes in workers compensation law can help you navigate the issues you face, such as the extent of the employer’s fault and the amount of benefits to which you are entitled.

What is an estate planning lawyer?

The estate planning lawyer specializes in wills and trusts, and can help you to draw up a will to pass on your assets. Among other estate planning legal services, this type of lawyer can help you set up a trust which will help take care of your children’s financial needs.

What is an IP lawyer?

Also known as an IP attorney, an intellectual property lawyer can advise you with regard to issues relating to intellectual property, such as copyrights, trademarks, patents, industrial design and trade secrets.

What is an employment lawyer?

Employment Lawyer. Whether you’re a company that’s having a problem with an employee, or an individual who’s having problems with the company you work for, an employment lawyer can generally provide advice about legal issues which arise from an employment contract or within an employment relationship.

What can a corporate lawyer do for you?

A corporate lawyer will be able to help you with issues related to the formation of your corporation, general corporate governance issues and corporate compliance issues.

What is general practice law?

Unlike lawyers who specialize in a particular area of law, a general practice lawyer has a practice that handles a wide range of legal issues. Different general practice attorneys will have different areas of law with which they are most comfortable, so if you consult with a general practice lawyer, it’s always prudent to discuss his or her experience in handling the type of legal issue you’re facing.

What is the first step in contract law?

The most important first step you can take in any contract law claim is to consult with a lawyer. The best way to find the right type of lawyer, regardless of the exact facts associated with your case, is to contact a legal referral service.

What is breach of contract?

A breach of contract occurs when the contractor fails to hold up their end of the bargain. For example, a home reno contractor might miss a deadline, fail to deliver a completed product, or even display incompetence in providing a service.

What is contract fraud?

Fraud is far more common in contract law than you might think. Contractors don’t have to engage in outright scams or con artist tricks to be accused. In fact, the exact definition of contract fraud is surprisingly broad, and might include: 1 False claims, such as when a contractor lies about their skill level, experience, or ability to complete a job. This is especially applicable if the results delivered do not meet reasonable expectations. 2 Fraudulent bill padding, such as when a contractor agrees to complete a job for one amount, yet starts tacking on dubious fees. While contracts can and often do change, any suspicious additions should be scrutinized closely. 3 False promises, such as promising to complete a job with an expensive material, yet sneakily using a cheaper product. For example, a contractor may promise to install an expensive Egyptian wool carpet, yet install a cheaper counterfeit version without the homeowner’s permission.

Why are motivations more common than others?

This is because most contractual law involves the same assumed rights and responsibilities. The most common scenarios involve a contractor who: Fails to complete a job at all. Fails to complete a job by a deadline.

What is contracting contractor?

By very definition, contractors work on a contractual basis. This means they agree to provide a specific service, product, or result in exchange for cash within a certain period of time. For example, a plumber might agree to replace all of the plumbing in your master bathroom within two weeks for $2,000. Or, a home renovation specialist might ...

Do you need an attorney for a small claims case?

Some people assume that, because small claims court doesn’t allow clients to be represented by an attorney, they don’t need an attorney at all. Nothing could be further from the truth.

What is a fundamental breach?

Fundamental Breach – The same as a material breach, but generally includes much more serious fallout. For example, a contractor who works on a roof incompetently might leave it in disrepair, resulting in leaks and thousands of dollars worth of water damage.

Why do people sue companies?

In general, some common reasons to sue a company include the following: If a person suffered harassment when either working at the company or when visiting the company as a patron (e.g., grocery store worker harassed them); When a company fails to pay a worker their ...

What can a business lawyer do?

Your lawyer can also help you to gather evidence, request the right items for discovery, and assist you in preparing and filing your claim.

What is a request for restitution?

Requesting that the court issue an order stating the company is legally obligated to change their company handbooks, policies, and/or procedures; Various economic and noneconomic damages; Punitive damages or fines; and/or. Restitution.

How long do you have to file a lawsuit in California?

For instance, a person who sues a company in California based on a personal injury claim, will have two years from the date they were injured to file a lawsuit against that company.

How long do you have to file a personal injury lawsuit in Florida?

In contrast, a person who sues a company in Florida based on a personal injury claim, will have four years from the date they were injured to file a lawsuit against that company. A person who fails to file a claim within the prescribed time frame will be barred from bringing a lawsuit against the company.

What is premises liability?

Premises liability; Breach of contract; Discrimination or harassment; Nuisance; Defamation; Tax fraud; False advertising; and. Violations of federal laws. The process to sue a company will differ depending on the type of company, the laws in the jurisdiction, the facts of a specific matter, and the legal theories that a claim is based on.

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