Medical Malpractice FAQs - Path 411 Pain

Medical Malpractice FAQs

Posted on : October 9, 2017

Medical malpractice cases occur when a doctor, nurse, or other medical professional fails to provide adequate health care treatments. As a result of failure to provide adequate health care treatments, patients become harmed. Only a small portion of cases are a result of doctor, nurse, or other medical professional cases, fortunately. Although medical malpractice cases occur infrequently, medical malpractice cases can be complex and confusing for victims. Medical malpractice cases can result from any medical situation, including dental, surgical, pharmaceutical, or chiropractical. In the unfortunate circumstance that you become involved in a medical malpractice case, the following frequently asked questions will provide clarification.


What is a medical malpractice claim?

A medical malpractice claim discusses negligence displayed by a medical professional, including a hospital worker, a dentist, a chiropractor, a physical therapist, a doctor, a nurse, or a technician. As a result of a medical professional’s negligence, a patient who becomes harmed has the right to file a medical malpractice case.


Do I have a case for medical malpractice?

In order to have a valid claim against a medical professional, some of the major evidence that must be proven includes:

A doctor-patient relationship was present

The doctor was negligent

The doctor’s negligence was the cause of the injury

The doctor failed to warn a patient of confirmed risks

The doctor performed improper treatment

The doctor failed to diagnose the patient properly


What is the typical length for a medical malpractice suit to settle?

As with any case, there is no defined time for how long a case can take to settle. Furthermore, medical malpractice lawsuits usually take anywhere from 18 months to two years. Depending on the case, the location, and the doctor, medical malpractice cases can take more or less time to settle.


Can you sue a hospital for pain and suffering?

It is not possible to file a lawsuit solely for “pain and suffering”. As a portion of a successful medical malpractice case, you may be able to recover compensation for “pain and suffering.” 


What is “informed consent”?

The definition of informed consent varies across different states. Generally speaking, informed consent discusses that a medical professional has the responsibility to inform patients of all of the advantages, risks, and options associated with medical procedures, surgical procedures, or other treatments. The medical professional must obtain the patient’s written consent in order to continue on with the path of treatment.


Am I entitled to compensation if the consent formed I previously signed in valid?

You may be able to recover damages even if the consent form you signed is considered valid. A negligent doctor, nurse, or other medical professional is still responsible for your health under treatment, even if a valid consent form is present. You may be entitled to compensation if you are able to prove that your medical professional did not follow the proper standard of care, which resulted in physical injury. 


Although medical malpractice cases are typically rare, some patients fall victim to the faulty services provided by medical professionals. If you become involved in a medical malpractice case, immediately contact your medical professional. Contacting your medical professional will enable you to understand what could have gone wrong, before you take action and file a claim. Medical professionals are usually willing to offer free services to provide a solution to what went wrong. 


After you contact your medical professional, contact the Relevant Medical Licensing Board. Relevant Medical Licensing Boards cannot coerce your medical professional to compensate you, but they may issue warnings to the professional, protecting other potential victims and alerting the professional of their wrongdoings. The next step is to obtain a medical assessment to properly determine your injuries, and determine if your injuries were a result of a medical professional’s negligence. Contact a personal injury attorney to file a claim for your medical malpractice case. 


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