subject: Answers To Your Questions About Medical Malpractice Lawsuits [print this page] Making the decision to begin a medical malpractice lawsuit against someone in the medical field may not be easy, but it may be the best way to receive changes in practice and a settlement to help you go on with life. Below are answers to the most common questions about medical malpractice lawsuits.
What determines whether a case can be brought for medical malpractice?
This type of lawsuit should be about more than simply not getting the results you expected or having your condition treated successfully. In order for you to bring a medical lawsuit against a medical professional, you will need to have a medical expert testify on your behalf that the procedures or treatments used were not suitable and that the person treating you acted irresponsibly or with reckless endangerment to you. You will need to have knowledge of the laws in your area, or have a good lawyer who knows all the local laws, and you will have to provide proof of injury or illness due to the negligence, oversight, or actions of the person you have brought charges against.
Will I need to have copies of my medical records?
You may want to submit them to your lawyer so he can look at them, as well as the medical expert you have to testify for you. They will be able to look at them and determine whether the problems you have been having are from your own medical problems or as the result of the medical professional who you are accusing of malpractice.
How do I get a copy of my medical records?
You have a right to copies of any records concerning you and your medical history. You may need to ask for them in writing, and ask each place you were treated for their part of your records. Don't leave out medical tests and the results of them. Your medical history may be admissible in court when you bring your medical malpractice suit.
What would be included in a medical malpractice settlement?
Each state is different, and there may be differences of what you can include in your requested settlement from state to state. It is common for settlements to include all medical expenses to treat any injury or illness which was the result of the mistreatment, reimbursement of lost wages and income which may have resulted, and some monetary compensation for pain and suffering.
How do I find a lawyer to handle my case?
You can look in your phone book, do a search online on the internet, or ask friends and relatives if they know anyone who specializes in this area. You will want to make sure that whomever you hire has a good reputation of winning in court with this type of case and knows the pertinent laws in your state.
