What is medical malpractice? A health care professional commits medical malpractice when she provides substandard medical care that results in injury to or the death of her patient. To win a medical malpractice case, you must show that the health care professional owed you a duty of care, that they breached this duty of care through their medical negligence, and that this negligence caused your injury. → Read More
If a minor is injured in a medical malpractice case who receives settlement money, the parent or the child? In many states, in order for a minor (anyone under the age of 18) to file a claim in Court, the claim must be filed through a Guardian Ad Litem. → Read More
Are doctors protected from a malpractice lawsuit when providing emergency treatment at an accident site? Doctors who arrive at an accident site are generally called “first responders” and are given high protection against medical malpractice suits. Most of the time, a first responder at the scene of the accident will be a member of an ambulance crew, a firefighter, or an emergency medical technician, but if a doctor is also among this initial team, they will get the same protections. → Read More
What money damages can I expect from a medical malpractice lawsuit? If you suffered an injury because your doctor was found careless, negligent, or unprofessional, you will be compensated for the harm you suffered. The compensation is called damages. Damage awards are either compensatory and/or punitive. Click this link for articles and FAQ answers to questions about malpractice lawsuits. → Read More
PA Jury Awards $5M In Skin Cancer Misdiagnosis Lawsuit A Pennsylvania jury awarded $5 million to a woman who was left severely deformed after her dermatologist failed to diagnose her skin cancer. → Read More
MA Med Mal Lawsuit Ends In $2M Verdict Due To Hospital Negligence A $2 million jury award to the victims of a hospital’s negligence shows that medical malpractice lawsuits can bring a family the justice it deserves. → Read More
Medical Malpractice Statute of Limitations The statute of limitations for medical malpractice cases, or the amount of time in which you have to file suit for medical malpractice, varies from state to state. However, every state does impose some statute of limitations, so your case must be brought within that time period. In some states, the time limit can also be extended, depending on when the discovery of negligence was made. This is called the discovery rule and states usually give a person a certain number of years from the date the discovery was made to file a lawsuit. → Read More
The Discovery Rule in Medical Malpractice Cases The discovery rule tolls (or suspends) the statute of limitations until an injury due to malpractice is or should have been discovered. There are many situations where the inciting event is obvious. Click here for an explanation of how the discovery rule works in a medical malpractice case. → Read More
How long does a medical malpractice case take to resolve? A medical malpractice case can take as little as a few months or as long as several years to complete. It really depends on the complexity of the case. If both parties can come to a reasonable settlement, then the case will not take long at all. If they cannot agree, the case will go to trial and can drag on for various reasons. → Read More
California Medical Malpractice: Laws, Claims and Damages In California, a claim for medical malpractice can arise when a medical care provider acting below the industry standard of care injures an individual. Harming a patient while acting below the industry standard of care is called medical negligence, and is actionable by the injured patient. → Read More
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