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Medical Malpractice - Frequently Asked Questions

  1. Is there a difference between medical malpractice and medical negligence?
  2. What should I do if I think I have a medical malpractice claim?
  3. What will it cost me to have a medical malpractice claim investigated and evaluated by an attorney?
  4. Is there a time limit on bringing a claim for medical malpractice?
  5. Can I bring a lawsuit for a relative who died as a result of medical malpractice?


Is there a difference between medical malpractice and medical negligence?

No. They are the same thing. Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital worker or hospital, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient.

What should I do if I think I have a medical malpractice claim?

You should talk to a lawyer who specializes in such cases as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim, so time is of the essence

What will it cost me to have a medical malpractice claim investigated and evaluated by an attorney?

Our interview with you, record investigation and care evaluation is free. Only if a case is prosecuted and there is a recovery do we charge a legal fee and recover our expended costs.

Is there a time limit on bringing a claim for medical malpractice?

Yes. Generally an action must be commenced four years from the date that the action accrued. There are extensions granted for certain fact situations and for minors (under 18 years old).

Can I bring a lawsuit for a relative who died as a result of medical malpractice?

If you are a grandparent, parent, spouse, sibling or child of the deceased, you can bring a wrongful death action on behalf of all the heirs.