What Questions Should I Ask My Medical Malpractice Attorney?

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Patients and family members of those who have been hurt at the hands of doctors, nurses, or other medical staff may meet with an attorney about filing a medical malpractice lawsuit against the hospital. If people are aware and informed about what medical malpractice looks like, then they can feel empowered to take action for a sense of justice. In addition to that, patients may be eligible to receive financial compensation for a medical malpractice incident. 

Q: How would you summarize what medical malpractice is?

A: Medical malpractice is when a person in the professional medical field fails to provide a reasonable standard of care in regard to a patient’s health. An attorney can give you the legal aspects of what would constitute as a medical malpractice lawsuit. A medical expert may also be consulted with to determine if the other doctor had fallen below what is standard of care in the field. 

Q: What doesn’t constitute as a medical malpractice case?

A: A negative or undesired outcome in regards to a medical treatment or diagnosis is not necessarily grounds for a medical malpractice lawsuit. In some cases, a patient has signed a consent form prior to any risky operation or procedure, waiving their right to pursue legal action if excessive bleeding or an infection were to develop. However, medical malpractice cases can be complex. There may be small ways in which a doctor made an error that the patient is unaware of, and can be uncovered with assistance from an attorney who is experienced in this area of law.

Q: What are examples of medical malpractice situations?

A: Medical malpractice is a term used to describe types of situations where negligence or a mistake had caused a patient injury. A few of the most commonly seen medical malpractice cases include the following: 

  • Misdiagnosis (or failure to diagnose entirely)
  • Surgical Errors
  • Nursing Home Abuse
  • Prescription Medication Mistakes (if the doctor prescribed the wrong medication, or the pharmacy got the dosing or drug name incorrect)
  • Birth Injuries
  • Robotic Surgery Error

Q: Is there a certain time period in which I must file a lawsuit?

A: Every state has its own laws for statute of limitations. Meaning, that the patient only has a specific period of time to pursue legal action for a suspected medical malpractice incident. Your attorney can share with you information about how the statute of limitations for where you reside can impact your claim, and how to get the lawsuit going before the deadline. 

Q: What kind of proof do I need to file a medical malpractice lawsuit?

A: When meeting with your medical malpractice attorney in Longwood, FL, bring evidence of doctor’s exams, diagnostics, testing, prescription medication lists, photographs, video, witness statements, and anything else that could support your claims about medical malpractice. Hospitals often have a legal team already prepared to handle any impending medical malpractice claims. So, it is important to gather this information from the hospital that treated you before making it known that you are interested in taking legal action.

Thanks to David & Philpot, PL for their insight into medical malpractice and questions to ask your attorney.

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