Deciding whether you have a legitimate medical malpractice case can be confusing, if not a downright frustrating process. A great resource to find important information on this topic is Lawyers.com. Here are a five FAQ's drawn from this site:
Q. How do I know if I have a medical malpractice case?
A. A bad medical result doesn't necessarily mean you've experienced medical malpractice. Even with the best of care, things can go wrong. Generally, to win a medical malpractice case, you must have expert medical testimony that no reasonable healthcare provider would have done what yours did. Reasonableness is generally determined by looking at what is reasonable care in view of the: available knowledge, geographic location where care occurred, and state of medical malpractices at the time of the illness or injury
Q. Why do I have to have an expert establish that I was harmed?
A. In order to prevail in a medical malpractice case, you must prove that the standard of care wasn't followed. The courts have come to recognize experts with experience, training and an understanding of the level of care associated with a particular medical procedure as being able to attest to or gauge the standard of care provided.
Q. Is misdiagnosis malpractice?
A. Not necessarily. Medicine is not an exact science and errors in diagnosis can be made. Law does not require doctors to be right all the time but rather that their actions meet the standard of care set out by state statutes, as well as what a reasonable doctor would do in the same situation.
Q. How can I find out if a doctor has been previously sued for malpractice?
A. Check with your state medical licensing board to see if they have, and will release, information on the doctor
Q. Can you file malpractice against someone other than a doctor?
A. A medical malpractice suit can be lodged against any individual or entity who provides health care. This would include, for example, doctors, nurses, technicians, physical therapists and optometrists.
