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Medical Malpractice

Medical malpractice occurs when a medical professional's act or omission results in a patient’s injury or death. Even with advances in science and technology, mistakes by physicians do happen and might rise to the level of medical malpractice. Doctors, other medical professionals, hospitals, government-run health care facilities or any such combination can be held accountable for their actions in such cases.

Medical negligence suits are complex, time-consuming and costly to pursue. While also understanding the devastating effects associated with medical malpractice cases, the attorneys of Foote-Meyers use their knowledge, experience and necessary resources to overcome these obstacles and attain full and just compensation for families devastated by medical malpractice. We aid our clients' recovery on physical, emotional and financial levels. Similarly, when a death results from medical malpractice, we work to provide the family with an effective and swift resolution, allowing the individual's family to begin to move on from this difficult time in their lives.

What has to be proven for a healthcare provider to be held responsible for injuries sustained?

Four things have to be proven in order for a patient to recover against a healthcare provider. The first requirement is the healthcare provider owed a duty to the injured person. This is usually established by showing a provider-patient relationship. The next requirement is to show the healthcare provider acted negligently. This is proven by evidence that the healthcare provider did not exercise the appropriate care in providing treatment. In order to prove this, expert testimony is almost always required. The third requirement is to demonstrate the patient sustained injuries. The final requirement is that the healthcare provider's failure to exercise appropriate care in providing treatment caused the injuries sustained. As with the second requirement, expert testimony is almost always required to prove this element. 

Who can I sue for medical malpractice?

Medical negligence lawsuits can be brought against any healthcare provider who was involved in providing healthcare services to you and whose lack of appropriate care caused injury. This typically includes, but is not limited to, physicians, hospitals, nurses, physical therapists and hospital technicians.

How do I know if the injuries sustained may be as a result of medical negligence?

The only way to determine if your or a loved one's injuries were a result of medical malpractice is to consult with an attorney experienced in handling such cases. As mentioned earlier, expert consultation is almost always required to determine if the injuries involved were caused by the failure of a physician or hospital to exercise appropriate care and to determine the nature and extent of a person's resulting injuries. 

How much compensation can I recover for my injuries?

As with all types of personal injuries, the amount of compensation a person is entitled to is entirely dependent upon the circumstances of their case. Generally, however, the more severe the injuries, the greater the compensation a person is entitled to. This includes consideration of pain and suffering, any permanent disabilities, and loss of enjoyment of life. Other factors considered in determining the amount of compensation include past and future medical costs and past and future lost wages.

How long does a medical negligence lawsuit take?

While a number of factors affect the length of time it takes to resolve a medical negligence claim, such as the nature of the injuries involved, the type of medical procedures involved, and the place in which the suit is brought, generally these suits take at least two years for a full resolution. Some cases will settle prior to trial, reducing the time to resolve the claim. If your case does go to trial, however, this may add anywhere from six months to several years to the time it takes to fully resolve your claim.

For more information about medical negligence claims, contact our offices to speak to a Foote-Meyers attorney who specializes in these areas.