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Medical Malpractice FAQ's

Q: What is medical malpractice?
A: Medical malpractice is an act of carelessness committed by a licensed health care professional—such as a physician, nurse, technician, dentist, hospital or other health worker—whose care of a patient deviates from a high standard met by those with comparable experience and knowledge, causing harm or injury to a patient or patients.

Q: Does a patient who is not content with the outcome of his or her operation have a malpractice case?
A: Typically speaking, there are no promises of medical outcomes, and unanticipated or poor results do not always mean carelessness happened. To succeed in a medical malpractice lawsuit, a plaintiff has to prove an injury or damages that occurred were from the physician’s deviation from the standard of care related to the procedure.

Q: What should I do next if I believe I have a medical malpractice case?
A: You must speak with an attorney who focuses on such claims, as quickly as possible. This is essential in pursuing your medical malpractice lawsuit.

Q: What is "informed consent"?
A: Although the precise meaning of informed consent may differ from state to state, it means fundamentally that a doctor (or other medical professional) must inform a patient of all the possible advantages, dangers, and options involved in any operation, medical procedure, or other method of treatment, and must obtain the patient's written consent to go further.

Q: Do I have a claim against a physician who prescribed me a medication for treatment, but neglected to inform me it was part of an experimental program?
A: Your doctor had a liability to inform you that the medication was part of an experimental program, and you had the prerogative to decline to partake in it.

Q: If the permission form I signed before to an operation is considered binding, can I recover any damages in a medical malpractice lawsuit against my physician?
A: Yes, it is still possible to recover monetary damages. A consent form does not mean that a doctor cannot be held responsible if he or she was reckless when operating on a patient or offering another type of medical care. If you can prove that your medical care provider deviated from the relevant standard of care in performing the procedure, and you were harmed as a result, you may still recover damages.