September 22, 2019
Medical Malpractice Attorney
Medical malpractice lawsuits can be complex and confusing, which is why most victims of a doctor’s error meet with a reliable attorney in their town for help. Here are some of the most common questions that people ask their attorney during a legal consultation for a potential medical malpractice case:
What if my doctor failed to notify me of risks?
A doctor has a duty to warn their patients about risks regarding a course of treatment or procedure. By notifying a patient, this is known as a “duty of informed consent”. A doctor may be held responsible for medical malpractice if a patient would have opted out of the treatment or procedure if they were adequately informed beforehand. The doctor may also be held liable for patient injuries if the patient was harmed by the procedure in a way that he or she wasn’t aware of due to lack of warning.
How much time do I have to file a claim?
Medical malpractice cases have to be filed soon after the injury occurs. Depending on the state, you have to submit a claim fast, anywhere between six months up to two years. The timeframe in which victims of medical malpractice have to file a lawsuit is called the “statute of limitations”. Additionally, the time may start when the negligent action happened, or when the patient should have noticed the injury. To find out how much time you have for where you live, you can meet with a reputable medical malpractice lawyer in Fort Lauderdale, FL.
Can expert testimony help my case?
Based on the facts pertaining to your medical malpractice lawsuit, your attorney may suggest getting expert testimony. This can be helpful as the expert can evaluate whether another doctor in similar circumstances would have committed the same mistake that the victim’s doctor had. A major factor in medical malpractice cases is proving that the doctor had failed to provide a reasonable standard of care expected within the medical community.
Are there any factors that would make my case void?
Yes, a patient that is not happy with how their treatment turned out, is not automatically entitled to financial compensation in a medical malpractice lawsuit. The doctor must have made an avoidable mistake which led to a worsened condition. A patient that is just disgruntled because their treatment or procedure didn’t go as planned despite understanding the risks and without doctor error, may not have much of a chance of winning their case.
What does it mean if my doctor failed to diagnose?
A doctor who failed to discover a patient’s illness when another doctor would not have missed it, may be held liable for failing to diagnose. For example, a patient may have made an appointment to see their doctor about several peculiar symptoms. A doctor that didn’t diagnose the patient with an illness despite these symptoms (or even diagnosed them with the incorrect condition), may face a malpractice lawsuit if the person was harmed because of it.
Thanks to Needle & Ellenberg, P.A. for their insight into medical malpractice and getting answers about your case.