Medical Malpractice FAQ: Your Questions Answered

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If you have questions about medical malpractice, this FAQ guide provides essential insights into common concerns and legal responsibilities. Whether you are a patient considering a lawsuit or a healthcare professional seeking clarity, understanding your options is crucial. Consult an attorney near you for personalized legal advice to navigate these complex issues.

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This blog post answers frequently asked questions about medical malpractice, including claims, informed consent, and the role of a certificate of merit. If you suspect negligence, consulting with a knowledgeable attorney near you can help you understand your legal options and secure the representation you need.

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Jan 28, 2025 08:36 PM

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Medical Malpractice FAQ: Your Questions Answered

Introduction

Medical malpractice is a complex area of law that involves a healthcare professional's failure to provide the standard of care expected, resulting in harm to a patient. This article addresses some of the most frequently asked questions about medical malpractice, providing valuable insights for patients considering a lawsuit or healthcare professionals seeking to understand their legal responsibilities. Whether you're a patient or a provider, this guide offers clear answers to common questions about medical malpractice.

Frequently Asked Questions

What is a medical malpractice claim?

A medical malpractice claim is a claim of negligence, where harm is committed by a professional healthcare provider, such as a doctor, nurse, dentist, technician, hospital, or hospital worker. In these cases, the treatment of a patient departs from a standard of care, resulting in a personal injury to the patient.

Does someone who is not satisfied with the results of their surgery have a viable medical malpractice claim?

There are no guarantees of medical results. Unexpected or unsuccessful results do not mean negligence occurred. To succeed in a medical malpractice case, the plaintiff must show an injury happened because a doctor deviated from the standard of care for the procedure.

What should I do if I think I have a medical malpractice claim?

You should talk to a medical malpractice lawyer specializing in such cases as soon as possible. Tell the attorney exactly what happened, in chronological order, from your first visit with the doctor or other healthcare provider through your last contact. If possible, obtain your medical records and bring them to your first meeting with the attorney.

Informed consent means that a physician or other medical provider must tell a patient of all the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment. They also must obtain the patient's written consent to proceed.

Do I have a case against a doctor who prescribed a drug for treatment but failed to tell me it was part of an experimental program?

Your physician had a duty to tell you that the drug was part of an experimental program, and you had the right to refuse to participate. You may have grounds for action against your doctor based on their failure to obtain informed consent relative to this treatment.

Yes, you still may be able to recover damages. A consent form does not release a physician from liability if they were negligent in performing a medical procedure. If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against them.

How does a jury determine if a doctor's actions were negligent?

A jury will consider the testimony of experts, usually other doctors, who will testify whether your physician's actions followed standard medical practices or fell below the accepted standard of care.

What is a certificate of merit?

In many states, plaintiffs must file a "certificate of merit" before filing a medical malpractice claim against a healthcare provider. To file a certificate of merit, a plaintiff must first have an expert, another qualified physician, review the relevant medical records and certify that the plaintiff's healthcare provider deviated from accepted medical practices, injuring the plaintiff.

Is there a time limit on medical malpractice lawsuits?

Medical malpractice claims have a time limit or a statute of limitations. States vary in their statute of limitations laws. You must also make sure to get medical treatment or medical care promptly.

Conclusion

Understanding the frequently asked questions about medical malpractice is essential for both patients and healthcare providers. If you suspect negligence, consulting with a knowledgeable attorney is vital. ReferU.AI is the only platform that leverages AI to efficiently and accurately assess each user's unique legal needs and objectively recommend attorneys based on their proven success in similar cases according to actual court records. By providing smarter results, users gain easier access to better representation and outcomes. Visit ReferU.AI to find an attorney near you today.

Medical Malpractice FAQ: Your Questions Answered