Frequently Asked Questions (FAQ) - Medical Malpractice
We understand that suffering from medical malpractice can be a traumatic experience, and you may have many questions about what to do next. This page aims to provide answers to some of the most common questions our clients have when they believe they've suffered medical malpractice.
**1. What is medical malpractice?**
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide care that meets the accepted standards of the medical community, resulting in harm to the patient. This harm can be physical, emotional, or financial.
**2. How do I know if I have a valid medical malpractice case?**
To determine if you have a valid medical malpractice case, you can use the consultation request form embedded on this page to start the process of having us evaluate your situation to determine if you have any viable claims. Generally, a valid case involves proving that a healthcare provider was negligent in providing treatment ("breached the standard of care" as lawyers say), and that the negligence caused harm to you. It's crucial to gather medical records, consult experts, and have attorneys like us consider any legal issues that might be anticipated. As you might know (or might imagine) medical malpractice cases are typically fairly complex and you'll likely need and want highly experienced attorneys guiding you through the process.
**3. What steps should I take if I believe I've been a victim of medical malpractice?**
1. Seek immediate medical attention to address any health concerns.
2. Document all medical records, including treatment, prescriptions, and communication with healthcare providers.
3. Fill out the consultation request form on this page to start the evaluation process (or call our receptionist at 704-897-0490).
**4. Is there a time limit to file a medical malpractice lawsuit?**
Yes, there is a statute of limitations for medical malpractice claims, which varies by state, and often there is a separate time limit (referred to as the statute of repose), which also varies by state. And there may well be other time considerations. It is crucial to start the consultation and evaluation process as promptly as possible, as waiting too long could result in losing your right to pursue a claim. This urgency holds particular force in the context of medical malpractice cases because of the lead time necessary to obtain all the necessary records and locate and consult with a qualified medical expert. We have an extensive network of medical professionals we can call on to assist with evaluations, but time is certainly of the essence nonetheless.
**5. What damages can I recover in a medical malpractice case?**
Damages in a medical malpractice case may include compensation for medical expenses, lost wages, pain and suffering, emotional distress, and other losses directly related to the malpractice. The specific damages vary depending on the circumstances of the case.
**6. Do I need expert witnesses for a medical malpractice case?**
In most medical malpractice cases, expert witnesses are essential to establish the standard of care and prove negligence (there are exceptions that are so rare they're not even worth mentioning because they almost never apply). We can help identify and consult with medical experts who can help evaluate the possibility of making a viable claim and, if we agree to accept the case, provide testimony to support your claims.
**7. Can I still file a claim if I signed a consent form for treatment?**
Yes, signing a consent form does not absolve a healthcare provider of liability for negligence or malpractice. Consent forms generally cover risks associated with a procedure but do not grant immunity for negligent actions. Again, the extent to which any claims may be precluded by any documentation you signed is a factor that we'll take into consideration when evaluating your inquiry.
**8. How long does a medical malpractice case take to resolve?**
The duration of a medical malpractice case can vary significantly, depending on factors such as the complexity of the case, court backlog, and negotiations. Some cases may settle relatively quickly, while others could take several years to reach a resolution. So yet again, time is of the essence and it's important that you act promptly to have us evaluate your situation.
**9. Do I have to go to court for a medical malpractice claim?**
Not all medical malpractice cases go to court. Many are resolved through negotiation and settlement outside of court. However, if a fair settlement cannot be reached, your case may proceed to trial. If we find that you have viable claims that we can help you pursue, we will advise you on the best course of action based on your specific circumstances. We will keep you advised every step of the way and you will be informed of and have significant input into all critical decisions.
**10. How can BrennerBondurant, PLLC help me with my medical malpractice case?**
Our experienced medical malpractice attorneys are dedicated to helping you seek justice and compensation for your injuries. We provide personalized legal guidance, conduct thorough investigations, consult with experts, and fight for your rights every step of the way. Fill out the consultation request on this page to begin the process of having us evaluate your situation. We will contact you immediately to start gathering the information we need to do so.
Remember that the information provided here is general in nature and not legal advice. And there is no attorney-client relationship unless and until we've had the opportunity to evaluate your situation and have entered into a written, signed engagement agreement.