Medical Malpractice FAQs

Medical malpractice laws can be confusing. If you suspect you or someone you love was injured as a result of medical malpractice, review the frequently asked questions below and then contact a personal injury attorney to discuss your potential claim.

If I am injured while under the care of a physician, am I entitled to compensation under medical malpractice law?

Possibly, but not necessarily. Medical malpractice law is intended to protect patients who are injured due to a specific act of negligence committed on the part of a physician, surgeon, nurse, anesthesiologist, pharmacist, or other healthcare provider. Not all injuries are avoidable, even when medical professionals provide care of a reasonable standard. Without evidence that a medical professional fell below this standard and therefore directly contributed to the injury, you will most likely not have a viable medical malpractice case.

After being injured as a result of medical malpractice, how long do I have to file a claim?

Every civil lawsuit is governed by a time limit known as the statute of limitations. This time limit varies from state to state, but is usually between one and two years from the time of the event that caused the injury. If you even suspect that you have been injured due to medical negligence, it is in your best interests to contact a personal injury attorney immediately for a review of your case.

If I have lost someone I love due to medical negligence, am I entitled to compensation?

Usually only immediate family members are entitled to pursue compensation for the wrongful death of a loved one, although there are some exceptions under the law. If you have lost someone you love due to medical malpractice, a qualified personal injury lawyer can explain your rights.

What sort of compensation can I expect in a medical malpractice case?

This answer, of course, depends on the extent of your injuries and the resulting expenses. You may be eligible to recover compensation for medical costs, lost wages, pain and suffering, and other losses related to your injury. In particularly egregious cases of medical malpractice, you may also be able to recover punitive damages (damages awarded simply to punish the wrongful behavior of the defendant).