Answer:

Medical malpractice is a broad term generally used to describe any treatment, lack of treatment, or other departure from accepted standards of medical care, health care, or safety on the part of a health care provider that causes harm to a patient. Examples of medical malpractice can take many forms, too numerous to list. Medical malpractice can include, however, misdiagnosis, improper treatment, failure to treat, delay in treatment, failure to perform appropriate follow-up, prescription errors, etc. In many instances, medical malpractice is not obvious to a lay-person and requires the review and analysis by medical experts.

What must be shown to prevail in a medical malpractice case?

Answer:

While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following:

the health care provider owed a duty to the patient:

-The health care provider breached that duty

-The patient suffered an injury, and

-The patient's injury was a proximate cause of the health care provider's breach

A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty is existed and the health care provider breached that duty (eg. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

How do I know if I have a good case?

Answer:

Given that each case turns upon its own facts, determining the merits of your case usually involves a two-pronged process. A medical review must be conducted to evaluate whether or not the medical professional(s) in question acted, erred, or faild to act in such a manner so as to fail to meet the appropriate standard of care under the circumstances. If, from a medical perspective, medical malpractice is found, a further review of the case must be made by an attorney in order to determine the viability of the claim from a legal perspective, often considering such factors as the statute of limitations, the potential recovery, the ability to collect upon a judgment if obtained, etc. Many factors and considerations go into such an analysis. Given the complexity of the medical and legal issues, one who suspects that they may have been the victim of medical malpractice should consult a qualified attorney who can, along with the assistance of medical professionals, analyze the merits of one's claim.

. How long will it take to pursue a medical malpractice claim?

Answer:

There is simply no easy answer to this question. The vast majority of all cases, including medical malpractice cases, are settled prior to trial. Some cases are settled prior to the filing of a lawsuit, while others are settled during litigation or even on the "steps of the courthouse" just before trial. A medical malpractice case, if litigated to trial, could last a number of years. One who pursues a medical malpractice case should understand from the outset that a quick resolution cannot be guaranteed.

Have I waived my rights because I signed a consent form?

Answer:

No. A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.