Medical Malpractice FAQs

When you go to a healthcare provider, you trust them to treat you with care and follow proper procedures. But when a doctor or medical professional makes a serious mistake, it can lead to lasting harm. If you or a loved one has been injured by medical negligence, you may have the right to file a medical malpractice claim.

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Conboy Law Injury & Medical Malpractice Lawyers helps victims of medical malpractice get answers and take action. We’ve seen the damage that poor medical care causes (physically, emotionally, and financially). We’re here to guide you through your options, explain your legal rights, and fight for the compensation you deserve.

What Is Considered Medical Malpractice?

Medical malpractice happens when a doctor or healthcare provider makes a mistake that no reasonable professional should have made. It must involve a failure to meet the accepted standard of care.

Common Examples

• Surgical errors such as operating on the wrong body part
• Giving the wrong dose of medication
• Leaving foreign objects inside the patient
• Failing to diagnose or misdiagnosing a medical condition
• Not getting proper informed consent before a medical procedure

These are all examples of medical malpractice that could lead to a malpractice claim if negligence occurred.

Who Can Be Sued for Medical Malpractice?

You may be able to sue any healthcare provider who caused harm through their actions or inaction. This includes individuals and organizations.

Potential Defendants

• Doctors, nurses, or anesthesiologists
• A hospital or medical provider
• A clinic or emergency room
• A pharmacist who filled a prescription incorrectly
• Any healthcare professional involved in your treatment

What Do I Need to Prove in a Malpractice Case?

To prove medical malpractice, you need more than a bad outcome. You must show that the provider broke the rules of proper care.

The Four Legal Elements

1. Duty of care – The provider owed you proper treatment.
2. Breach of duty – The provider acted outside standard medical practices.
3. Causation – The provider’s actions caused your harm.
4. Damages – You suffered harm like medical expenses, lost income, or pain and suffering.

These four parts must be met in any valid personal injury case based on medical negligence.

How Do I Know If I Have a Medical Malpractice Case?

You may have a claim if you experienced harm that another medical professional likely would have avoided.

Red Flags to Look For

• The doctor failed to explain risks or get proper informed consent
• Your condition worsened after routine care
• You were given the wrong medication
• A second opinion revealed a medical error
• Your injury was caused by substandard care

An experienced lawyer can review your medical records and tell you whether you should file a medical malpractice claim.

How Much Time Do I Have to File a Claim?

Every state sets a deadline to take legal action, known as the statute of limitations.

Statute of Limitations by State

In many states, you have two years from when the injury happened or when you discovered it. However, rules vary. Some states pause the clock for birth injuries or when the injured party is a child. That’s why it’s important to speak with a lawyer early to avoid losing your right to recover damages.

What Compensation Can I Recover?

When medical malpractice occurs, the harm can go far beyond just physical pain. If your case is successful, you may be entitled to receive a wide range of compensation for the losses you have suffered.

These payments are meant to help restore what was lost and support your recovery (financially, physically, and emotionally).

Types of Damages in Medical Malpractice Cases

• Medical bills and future medical treatment: You can recover the full cost of all past medical care related to the injury, as well as any future treatment you may need due to ongoing complications caused by the provider’s medical negligence.
• Lost income or earning ability: If your injuries prevent you from returning to work or reduce your ability to earn in the future, you may receive compensation for lost income and future earnings.
• Pain and suffering or emotional trauma: In many personal injury claims, victims are awarded money for the lasting emotional trauma and physical discomfort caused by the injury. These are known as non-economic damages.
• Punitive damages in extreme cases: If the actions of the healthcare provider were especially reckless or intentional, medical malpractice attorneys may pursue punitive damages to punish that conduct and help prevent it from happening to someone else.
• Coverage for future treatment if ongoing care is needed: Some patients require long-term support or care for chronic conditions caused by medical errors. These ongoing expenses can also be included in your compensation package.

Under medical malpractice laws, these damages are divided into economic damages, which include things like medical costs and lost wages, and non-economic damages, which include the pain, stress, and loss of quality of life. In some cases, payment may come from the provider’s medical malpractice insurance, depending on the coverage limits and terms.

If you’re unsure whether your experience qualifies for a medical negligence claim, speaking with an experienced attorney can help clarify your rights and determine what you may be able to recover. Medical malpractice attorneys understand the complexities of these cases and will work to get the compensation you need to move forward.

Will I Need to Go to Court?

Not all malpractice claims end up in front of a jury.

Many Cases Settle Before Trial

Most medical malpractice lawsuits are resolved through negotiation. Your plaintiff’s attorney will work to get you a fair settlement. But if needed, they can take your case to court and present evidence of the healthcare provider’s negligence.

How Much Does It Cost to Hire a Medical Malpractice Lawyer?

The good news is that cost shouldn’t stop you from pursuing justice.

Most Work on a Contingency Fee Basis

This means you don’t pay any legal fees unless your law firm wins your case. The lawyer’s payment comes from a percentage of the final recovery, not from your pocket. This gives you access to legal help even if you don’t have financial resources.

How Long Does a Medical Malpractice Case Take?

These cases require a detailed review of complex facts.

Timeline Overview

A typical case can take anywhere from several months to a few years. It depends on how clear the facts are, how willing the insurance company is to settle, and how full the court’s calendar is. Some cases also require expert testimony from others in the medical community.

Contact Our Medical Malpractice Lawyer for a Free Case Review

If you believe a healthcare provider breached the duty of care and caused you harm, you may have the right to pursue a medical malpractice claim. Conboy Law Injury & Medical Malpractice Lawyers takes the time to explain what constitutes medical malpractice and whether your case meets the legal standards. Whether you were harmed by a negligent doctor, a misdiagnosis, a surgical error, or another type of medical mistake, our team is here to help.

We understand that you’re likely dealing with pain, stress, and mounting bills. Our goal is to fight for the financial compensation you need to recover and move forward with your life. We carefully review your records, investigate what went wrong, and determine who is responsible.

Call us today to schedule your free case review. There are no upfront fees, and you don’t pay us unless we win for you.