Frequently Asked Questions About Medical Malpractice

Approximately 20,000 medical malpractice claims are filed each year. These cases can often be stressful, complex, and even tragic.

If you're the victim of medical malpractice, navigating the nuances of these cases can be difficult. You should seek legal advice from an attorney when dealing with a medical malpractice case.

To get you more familiar with what medical practice involves, however, we've answered some of the most frequently asked questions.

What qualifies as a
medical malpractice case?

Medical malpractice cases typically stem from medical negligence and often occur when a physician or other healthcare professional provides substandard care. There are five common types of medical malpractice cases. They are:

  • Birth injury malpractice cases
  • Prescription drug malpractice cases
  • Surgery errors that lead to malpractice cases
  • Misdiagnosis or delayed diagnosis malpractice cases
  • Failure to treat malpractice cases

When you hire an attorney, they will provide the proper legal advice about whether or not you have a case.

Whom can I sue if I feel I have
a medical malpractice case?

You may sue the individual who committed the malpractice, which includes the doctor, nurse, anesthesiologist, or other staff members.

What kind of damages or monetary awards am I eligible for as the plaintiff in a medical malpractice case?

There are three kinds of damages are usually available through a medical malpractice lawsuit:

  • General damages: This compensation is for the patient's physical or mental suffering.
  • Special damages: Special damages include medical bills and reimbursement for lost income.
  • Punitive damages: These damages are meant to punish a physician or medical facility for seriously egregious conduct that causes harm and is rare in malpractice cases.

If the patient died as a result of medical malpractice can a case still be filed?

Yes, the patient's heirs may file the case and recover for damages that occurred from the time of the malpractice up until the patient's death and damages for the family's future economic loss due to the patient's death.

Is there a statute of limitations for medical malpractice cases?

There is a statute of limitations on medical practice cases that varies from state to state. An attorney can advise you on the specifics.

What are damages caps?

In medical malpractice cases, a damages cap imposes a limit on the amount of compensation that a plaintiff can receive.

If you are the victim of medical malpractice, seek legal advice from a qualified attorney.


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