Medical Malpractice - Answers and Information
Filing a Medical Malpractice Lawsuit

Filing a Medical Malpractice Lawsuit

Medical Malpractice, unfortunately, is a surprisingly common occurrence. Some estimate that between 5 and 10 percent of all hospital patients are subjected to medical malpractice in some form. However, these cases are rarely pursued as lawsuits, and even fewer result in compensation for damages. While the odds may be daunting and the defendants (doctors and their insurance companies) may be intimidating, this should not stop anyone who believes they have a legitimate medical malpractice lawsuit from seeking just recompense. When evaluating a potential medical malpractice lawsuit, there are several factors that should be considered before filing the case: -Negligence: Can negligence on the part of the doctor or other medical professional be proved? Negligence is primarily tied to the concept of a “standard of care.” The standard of care refers to the way in which other, similarly qualified doctors, given the same situation, would be expected to act. Obviously, the more specialized the medical professional’s field, the higher the standard of care. OB/GYN’s, for example, are held to a very high standard. If a doctor’s actions (or failure to act) meet the standard of care, regardless of the consequences, then negligence cannot be proved. A doctor’s conduct must be below the standard of care and harm must result if he or she is to be considered negligent. The strongest medical malpractice lawsuits typically arise from what should be common place procedures that, due to the negligence of the medical professional, result in injury or death. These provide the clearest instances of a doctor’s deviation from the standard of care. Examples include misdiagnosing cancer, complications arising during labor, birth, and c-sections, plastic surgery malpractice, anesthesia errors, and mistakes involving prescriptions. -Demonstrable, Serious and Lingering: Strong medical malpractice suits are able to clearly demonstrate that the actions of the doctor resulted in an injury that is both serious and lingering. Headaches and soreness following a surgery are unlikely to result in a successful medical malpractice lawsuit. The key is that the injury must meet all three criteria. Therefore, if the headaches do not go away, if they are incapacitating, and they can be demonstrated, the lawsuit is quite strong. Evidence of the injury is important; otherwise it may be dismissed as hearsay. An inability to prove injury is a possible reason for not filing the lawsuit. -Medical Records: Before filing a medical malpractice lawsuit, it is important to obtain all medical records. While it is the right of any individual to have access to his or her records, an attorney can be of assistance if medical facilities are uncooperative. A medical malpractice lawsuit must have a record of the treatment. Finally, it is important to consult with an attorney to determine the strength of the case and the prudence of pursuing it. Bringing a weak case can be an incredible emotional drain and result in the loss of considerable time and money. An experienced attorney will be able to weigh the variables and offer sound advice about how to proceed.
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Medical Malpractice Resource Center

Answers and Information
The answers to frequently asked questions concerning Medical Malpractice.

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A list of the types of Medical Malpractice.

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An overview of each states laws concerning Medical Malpractice.

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A guide to the Damages resulting from Medical Malpractice.

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Medical Malpractice - Answers and Information Filing a Medical Malpractice Lawsuit

Filing a Medical Malpractice Lawsuit

Medical Malpractice Resource Center

Find an Medical Malpractice Attorney

Complete the Form Below and Talk to Experienced Medical Malpractice Lawyers

Medical Malpractice - Answers and Information
Filing a Medical Malpractice Lawsuit