Medical malpractice

To get answers to frequent questions about our medical malpractice legal services, please select one of the links below.

• What has to be proven for a healthcare provider to be held responsible for injuries sustained?
• Who can I sue for medical malpractice?
• How do I know if the injuries sustained may be as a result of medical malpractice?
• How much compensation can I recover for my injuries?
• How long does a medical malpractice lawsuit take?
• What if one of my family members died as a result of medical malpractice?

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 recovery against a healthcare provider.

The first requirement is that the healthcare provider owed a duty to the injured person. This is usually established by showing a provider-patient relationship.

The next requirement is that 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 that 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 malpractice 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 physicians, hospitals, nurses, physical therapists, and hospital technicians, though this list is not exhaustive.

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

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 medical malpractice cases. As indicated above, 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 that a person is entitled to is entirely dependent upon the circumstances of his or her 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 malpractice lawsuit take?

While a number of factors affect the length of time it takes to resolve a medical malpractice 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 to be fully resolved. Some cases will settle before going 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.

What if one of my family members died as a result of medical malpractice?

If your family member died as a result of medical malpractice, a claim can be brought as a wrongful death claim. An individual can bring a lawsuit on behalf of the deceased person, in which the representative seeks compensation as if the suit had been brought by the deceased person himself or herself. All compensation that the deceased person would have been able to receive is allowable. Additionally, certain family members--usually, though not always, a surviving spouse and any children--can also bring their own lawsuit to receive compensation for their own losses as a result of their family member's death. These losses include loss of companionship and loss of services. For more information on wrongful death claims, please click here to view our practice area information regarding wrongful death.

For more information about medical malpractice and our other law practice areas, please call us at (630) 232-6333 or fill out our contact form.