Medical Malpractice FAQs

What is medical malpractice?
How will Abelson Law Firm evaluate my medical malpractice case?
Is there a way to tell when malpractice may have occurred?
If I suspect that malpractice has occurred, what should I do?
I was misdiagnosed. Is that considered malpractice?
What is the statute of limitations for filing a medical malpractice lawsuit?
How do I prove that I was injured by medical malpractice?
How can I find out if my doctor has had any medical malpractice claims?
Is there a way for me to get a copy of my medical records?
How much money will I receive if I win my medical malpractice case?


What is medical malpractice?

Medical malpractice occurs when doctors, nurses, hospitals or other health care providers negligently provide medical services when that negligence causes or contributes to death or injury to the patient.
The injured party must first prove that the health care provider fell below the standard of care for similar health care providers in the state. That means the health care provider failed to act the same as a reasonable and prudent health care provider would under similar circumstances.
The most common types of medical malpractice include:

Mishandling of patient records

Misread x-ray, CT scan, or other test result

Failure to properly diagnose a condition in a timely fashion

Failure to promptly respond to patient symptoms

Surgical errors

Medication errors

Failure to prevent injury.

The health care provider's error does not have to be the only cause of the injury, it only must contribute to it. Consult a qualified lawyer if you suspect you have been the victim of medical malpractice so he or she can thoroughly and properly evaluate the legal and medical issues involved in your particular situation.

How will Abelson Law Firm evaluate my medical malpractice case?

When you call Abelson Law Firm to seek advice, you will speak to a member of our malpractice team. The representation and litigation of a medical malpractice claim can be a very expensive and complex case for a law firm to handle. It is therefore advised that you seek the assistance of a law firm experienced in the litigation of such claims.
One of the most important steps in evaluating a potential case is gathering medical records relevant to the treatment that might be negligent. Medical malpractice lawsuits often involve a thorough review of all medical records, consultations with healthcare professionals, follow-up medical exams / tests, expert medical witnesses, and investigations into all the events surrounding the alleged negligence. Additionally, an attorney must take into consideration any applicable statutes of limitations, caps/limits set by state and federal laws, the severity of the injury, and the breadth of consequences suffered by the patient. Because of the complexities surrounding medical malpractice claims, only an experienced attorney can make a determination as to the viability of your potential lawsuit.

Is there a way to tell when malpractice may have occurred?

If you have experienced a dramatically different or unexpected result of treatment or surgery, that is the most likely indicator that medical malpractice may have occurred. For example, serious brain injury following relatively minor surgery. Another telltale sign is the failure of the provider to give a good explanation for a worsened condition of the patient or the sudden death of the patient.
There are also instances in which nurses or doctors or other providers make critical statements of prior care. These statements sometimes turn out to be accurate indicators of medical malpractice even though they may never be repeated in a legal setting.

If I suspect that malpractice has occurred, what should I do?

The first thing you should do is obtain a review with an experienced medical malpractice attorney who can review the medical records with the appropriate expert. Because of the complexities surrounding medical malpractice claims, only an experienced attorney can make a determination as to the viability of your potential lawsuit.
Do not accuse or insult the treating health care providers. Quietly request your medical records and have them reviewed by an expert. If the care by the physician is ongoing, you may want to request a transfer of the patient's care to another hospital or health care provider. Quality medical treatment should be your primary concern. Document the events as they unfold.

I was misdiagnosed. Is that considered malpractice?

That depends on the case. Medicine is not an exact science and the law does not require doctors to be correct every time they make a diagnosis. However, a misdiagnosis may be considered malpractice if your doctor neglects to:

Get a medical history

Recognize the symptoms of an illness

Order all appropriate tests for the patient’s symptoms

Properly read, or fully take into account, test results.

Medical conditions that are most frequently misdiagnosed include heart attacks, cancer, pulmonary embolism, meningitis, and fetal distress. While a misdiagnosis can cause frustration and emotional distress, unless the misdiagnosis, or consequent treatment, caused injury or physical harm, a medical malpractice suit would have no basis.

What is the statute of limitations for filing a medical malpractice lawsuit?

The statute of limitations for a medical malpractice lawsuit varies from state to state and normally ranges from 1 year to 7 years. In addition, there are often specialized statutes that pertain to public entities, such as federal, state and local governments and their agencies. You should bring any potential medical malpractice claim to the attention of an experienced malpractice attorney as soon as it is suspected in order to protect your rights. Memories fade with time and in addition, the sooner a lawyer can be involved and preserve evidence, the more likely it is that the lawyer will be able to bring the case to a successful resolution.

How do I prove that I was injured by medical malpractice?

In most cases you need to have expert testimony. In order to determine what should or should not have been done in your particular case, someone with the requisite education, experience and skill is needed to establish what the standard is. Many medical malpractice lawsuits are won or lost based on the effectiveness of the expert medical witness. An experienced medical malpractice lawyer will have a thorough understanding of the types of medical specializations, and experts in these fields.
I signed a waiver or consent form. Have I waived my rights?
No. All that the consent form is doing is indicating that you have been informed of risks of the procedures. If the doctor is negligent in performing the care or surgery, you may still recover against that physician. Except in extraordinary emergency situations all medical treatment must be provided with the patient’s informed consent. Patients sign a general consent form for treatment upon admission to a hospital.

How can I find out if my doctor has had any medical malpractice claims?

Some states have created an on-line database, accessible to the public, with medical malpractice information. However, unless your doctor has been disciplined by your state’s licensing board, it is often not possible to determine the nature or the number of medical malpractice claims the doctor has had, except in the midst of a lawsuit. For a complete listing of state licensing boards, visit the Federation of State Medical Boards' main website -- www.fsmb.org – and select the "State Medical Board Info" link.

Is there a way for me to get a copy of my medical records?

Yes. You have a right to obtain copies of all of your medical records – all that is required is a written request, submitted to the doctor’s office or medical facility where you were treated. Make sure the request includes your exact, correctly spelled, name, your Social Security number, your date of birth and any applicable patient numbers. You may need to contact a number of service providers. There is often a small fee assessed to obtain these records.

How much money will I receive if I win my medical malpractice case?

There is no way to know this without evaluation by an expert medical malpractice attorney. Each medical malpractice case and injury is different. The damages, both medical and financial, suffered by the victim vary from individual to individual.
Attorneys can give general ranges of typical jury verdicts, but ultimately the value of any particular case must be determined either by agreement through settlement or through the verdict of a jury. Compensation may cover medical bills, pain and suffering, lost wages, lost earning potential in the case of permanent disability or wrongful death, lifetime care benefits, and other ‘expenses’ that result due to the medical negligence.

An experienced medical malpractice lawyer can work with you to determine the amount of compensation you are entitled to, and work on your behalf to protect your interests.