FAQs Category: Medical Malpractice

It is hard to know conclusively on your own that you have a strong case that could result in financial compensation. Of course, in some cases, the doctor obviously made a mistake. That is often not the case where some possible claims have gray areas. Medical malpractice cases involve subjective judgments when you are trying […]

While you may frequently hear talk about what happens at trial, the truth is that most medical malpractice claims never get that far. In fact, the large majority of cases filed will end up with a settlement since the doctor and their insurance company also want to manage their own legal risk in your case. […]

Settlements do not happen on their own. For your case to reach the point where the defendant will make you a reasonable settlement offer, you will need to do a lot of work that requires professional expertise. The first thing that happens is that you will need to file a legal complaint in court that […]

In general, medical malpractice happens when your doctor fails to act as a reasonable doctor would in treating you. What would be considered unreasonable would depend on the facts and circumstances of your particular situation. If a medical mistake injured you, the law might consider it medical malpractice. Examples of situations of malpractice that could […]

While your doctor carries malpractice insurance, ideally, you would like to sue more entities than just the doctor. Having more defendants with deeper pockets is always better for your medical malpractice lawsuit. Here, what you are really looking for is the ability to sue the hospital or medical practice where the doctor works. So long as they […]

One of the major questions that your lawsuit will need to answer is how the doctor’s actions fell short of the appropriate standard of medical care. You may be wondering how you can demonstrate that to the jury’s satisfaction if your case goes to trial. Your medical malpractice attorney will work with medical experts and […]

As a plaintiff, the good news for you is that your attorney will not ask you for a retainer when they agree to represent you in your case. They will also not present you with a bill each month for every hour of their time. Instead, you both will sign a representation agreement that states […]

Statistics show that medical errors happen far more often than you think. In 2018, a Johns Hopkins study found that approximately 250,000 people each year die from medical mistakes. Other studies place that number as high as 440,000. The truth is that we cannot even get an accurate number of how many people die from these mistakes each year […]

Medical malpractice damages intend to put you in the same position as if the injury to you or your loved one never happened. Unfortunately, money cannot restore your health, but it can compensate you for your suffering. Having said that, your particular damages will depend on what you have experienced after you sustained an injury […]

Some states will have damage caps, but they may only limit a part of your recovery in your medical malpractice case. For example, the most common cap that you will see is on non-economic damages, such as pain and suffering. They may be limited to a certain multiple of your economic damages. Nonetheless, there are […]