1) What constitutes medical malpractice?
2) Do I have a case?
3) What should I do if I suspect medical malpractice?
4) Is there a statute of limitations for fiiing a medical malpractice case?
5) What kind of settlement can I expect to receive if I win a medical malpractice lawsuit?
1) What constitutes medical malpractice?
Medical malpractice involves a case of medical negligence on the part of doctors, nurses, hospitals or other providers of health care in which death or injury results as a result of the provider or providers in question failing to meet what is known as the “standard of care” — the accepted level of care for the field. Medical malpractice can include surgical mistakes, misdiagnosis, medication errors or misread test results, among other errors.
Medical malpractice can be difficult to prove and doctors and hospitals and other providers may not answer your questions to your satisfaction. That’s why you need an experienced medical malpractice attorney to look at the records and determine if there is a case to be pursued.
3) What should I do if I suspect medical malpractice?
Request your medical records. Document as much as you can. If you are still undergoing treatment, consider moving to another hospital or getting another doctor to oversee your care. Then consult with an attorney experienced in medical malpractice cases so he or she can determine if you have a case. Not all mistakes result in valid malpractice cases. And if there was no injury, there is no case.
4) Is there a statute of limitations for fiiing a medical malpractice case?
The statute of limitations for filing a malpractice lawsuit varies from state to state. In Oklahoma, the limit is generally two years, although it is less for governmental agencies. Minors have until the age of 19 to file. Your attorney will be able to tell you if there is still time for you to file.
5) What kind of settlement can I expect to receive if I win a medical malpractice lawsuit?
Damages vary depending on a number of factors, including the type of injury and the circumstances of the person who was injured. Your settlement may cover medical bills, pain and suffering, lost wages, lost future earnings if there is permanent disability or death, as well as benefits to provide lifetime care if necessary. Your medical malpractice attorney can gtive you an idea of what you might be expected to receive if you win your case. Also, your attorney will not charge you to take your case. If you win a settlement or judgment, he or she will receive a percentage of your settlement. If there is no settlement, there is no bill.