May 3

Medical Malpractice Lawsuits - Frequently Asked Questions

Posted on May 3, 2012 — by Tom Foley III

Medical malpractice lawsuits can be particularly complex, which is why you need a skilled attorney to assist you while you recover. Below are some of the most frequently asked questions about medical malpractice.

What are some common medical malpractice injuries?

Some of the most common medical malpractice injuries include misdiagnosis, improper treatment, delay of treatment, prescription errors, failure to perform, failure to treat, and surgical errors.

Is there a way I can prevent medical malpractice?

There really isn’t a way to prevent medical malpractice, but there are steps you can take to help yourself. For example, if your doctor tells you that you’re fine, but your body is telling you that you’re not, listen to your body and make another appointment.

Spend some time on the Internet educating yourself about your symptoms and write down questions to ask your doctor.

Have your doctor write everything down for you, and if your doctor refuses to refer you to a specialist, have them put in writing why they are denying you this referral.

Is there a timeframe to file a medical malpractice claim?

Every state has a specified amount of time you have to file a medical malpractice claim. This is called a statute of limitation. The statute of limitations in your state will tell you how much time you have to file a claim for medical malpractice.

If you don’t know what the statute of limitations is for your state on a medical malpractice claim, you should contact a medical malpractice attorney. This attorney can explain the statute of limitations to you, and the different factors involved such as age of the victim, the type of injury, etc.

What is the first thing I should do if I feel I’ve been a victim of medical malpractice?

The first thing you should do is contact a qualified medical malpractice attorney in your state. If you don’t know a medical malpractice attorney, you can contact your state’s Bar Association and they can give you several names of attorneys who specialize in medical malpractice in your area. Interview at least two or three medical malpractice attorneys before making your decision. It’s important that you are comfortable with your attorney and feel that they will represent your interests.

I signed a Consent Form. Can I still file a medical malpractice claim?

In short, yes. Just because you signed a consent form does not mean that the health care provider can commit malpractice. A consent form just states that you know the risks involved and the possible complications that can occur for a particular treatment. It does not relieve the health care provider of their obligation to perform the procedure or treatment with a high standard of care, nor does it relieve them of their duty to you.

To learn more about your case or for information on wrongful death lawsuits, nursing home negligence lawsuits, and truck accident lawsuits, we suggest you speak to our Pennsylvania personal injury attorneys.

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