Medical Malpractice FAQs

Medical malpractice falls under the broad scope of personal injury law. If negligence on the part of a health care provider, whether it be a doctor or optometrist, led to any sort of injury to you, you may have a case for financial compensation.

Anyone looking for details about medical malpractice lawyers will find a wealth of material on the websites and The website offers guidance on choosing the best lawyer and submitting a claim, as well as an explanation of the many sorts of situations covered under medical malpractice law.

Here are some frequently asked questions about medical malpractice that you may have.

What is Malpractice?

Malpractice encompasses a broad range of situations in which there was a deviation from standard care that resulted in harm to a patient. Examples include prescription errors, failure to treat a condition, improper treatment of a condition, misdiagnosis, lack of appropriate follow-up or delay of treatment.

How Do I Know if I Have a Case?

Just because something bad happened, does not necessarily mean you have grounds to sue a health care provider for malpractice. There are several factors to be considered when determining if malpractice occurred. First, an expert must testify that the healthcare provider acted in a way that a reasonable one would not have; considerations in reaching this determination include available knowledge, area where incident occurred, and state of the medical practices at the time of the injury or illness. Secondly, it must be proven that the negligence was directly responsible for the resulting problem—in some cases, there may be demonstrable negligence, but some other factor led to the injury or death.

How Much Will I Have to Pay a Lawyer?

Almost all attorneys who take on malpractice cases do so on a ‘’contingency basis,’’ which means that you do not pay upfront, but rather give them part of the settlement as payment. Most states have laws in place determining how much an attorney can receive. When meeting with lawyers, it is important to find out what this amount is. Also, you want to inquire if during the process, there are any upfront fees you will have to cover, regardless of the outcome.

How Much Money Can I Receive?

There is no easy answer to this question as it will depend on so many individual variables of your case. Typically, your award will be determined by pain and suffering, cost of medical bills, financial losses occurring presently, in the past as well as the future. In many states, there are caps on how much money you can receive for certain types of damages. In California, for example, the most you would receive for pain and suffering is 250,000 dollars. Contributory negligence can also play a role—this means that the injured party may have done something that contributed to the negative outcome, such as failing to get recommended test.

Will My Case Go to Trial?

Whether or not your case will go to trial will, again, depend on many individual factors; the complexity of the case and the amount of potential damages are just a couple of examples.

In many instances, though, a settlement is reached at some point in the process. Sometimes, a settlement can be reached even before a formal lawsuit is filed.

Furthermore, you can get information about the Monetary compensation websites and provides in-depth information about how to pursue a monetary compensation claim following an accident or injury.

Kelli Cooper is a freelance writer who blogs about a range of legal topics; if you are in need of a personal injury attorney in Illinois, she recommends you learn more here.

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