Frequently Asked Questions About Medical Malpractice Lawsuits
Each year more than 1.5 million people die or are injured due to medical malpractice
. When that happens, the injured person or relative can file a medical malpractice lawsuit. Below are answers to some of the most common questions about medical malpractice lawsuits.
Q: How do I know if I have a basis for a medical malpractice lawsuit?
A: If you or a family member have been injured or died due to an error or negligence on behalf of any health care provider, you may have the basis for a medical malpractice case. You would need to discuss the specifics with an experienced personal injury attorney to know for sure. Do not take the word of hospital staff or other individuals in the health care profession if they tell you that you do not have a case. Instead, talk to an attorney.
Q: The doctor wrote the prescription for ten times the required strength. I noticed the error before taking the medication. Do I still have a case?
A: No. In order to bring a medical malpractice lawsuit, there must be injury and/or damages that result from the health care providers error or negligence. If the error was caught and corrected before any harm was done then there is no basis for a lawsuit even if the health care provider made a serious error.
Q: Can only medical doctors be accused of medical malpractice?
A: No. Any health care provider including nurses, dentists, and even therapists can be the target of a medical malpractice lawsuit.
Q: How long do I have to file a medical malpractice lawsuit?
A: The amount of time that you have to file a medical malpractice varies based on the type of case and the area in which you plan to file. The best advice is to talk to an attorney as soon as you think that you might have a case. He will know the specifics about the statute of limitations in your area.
Q: How do I choose a good lawyer for my medical malpractice lawsuit?
A: You want to find a lawyer that has a good amount of experience handling medical malpractice lawsuits. That experience will go a long way when it comes time to present the case, bring expert witnesses and do the many other things that it will take to win.