What You Need to Know If Something Went Wrong With Your Medical Care
If you think you or a loved one may have been harmed by a medical mistake, you probably have a lot of questions and not a lot of clear answers. This page covers some of the most common questions we hear from clients dealing with possible medical malpractice.
Remember that this information is general and not a substitute for legal advice. Every case is different, and we don’t form an attorney-client relationship until we’ve reviewed your situation and entered into a signed agreement. If you’re ready to talk one-on-one, we’re here to help.
1. What is medical malpractice?
Medical malpractice occurs when a healthcare provider, such as a doctor, nurse, or hospital, fails to provide care that meets the accepted standards of the medical community, resulting in harm to the patient. This harm can be physical, emotional, or financial.
2. How do I know if I have a valid medical malpractice case?
To determine if you have a valid medical malpractice case, call us now at 704-897-0490 (anytime, day or night) or schedule a consultation so we (and our medical colleague) can evaluate your situation.
Generally, a valid case involves proving that a healthcare provider was negligent in providing treatment (“breached the standard of care”) and that the negligence caused harm to you. It’s crucial to gather medical records, consult experts, and have attorneys like us consider any legal issues that might be anticipated. Medical malpractice cases are typically fairly complex, and you’ll likely need and want highly experienced attorneys guiding you through the process. Call us now at 704-897-0490 (anytime, day or night) to start the process. The sooner the better.
3. What steps should I take if I believe I’ve been a victim of medical malpractice?
- Seek immediate medical attention to address any health concerns.
- Document all medical records, including treatment, prescriptions, and communication with healthcare providers.
- Call us now at 704-897-0490 (anytime, day or night) or contact us to get the process started.
4. Is there a time limit to file a medical malpractice lawsuit?
Yes, there is a statute of limitations for medical malpractice claims, which varies by state. Often, there is a separate time limit (referred to as the statute of repose), which also varies by state. And there may well be other time considerations. It is crucial to start the consultation and evaluation process as promptly as possible, as waiting too long could result in losing your right to pursue a claim.
This urgency holds particular force in the context of medical malpractice cases because of the lead time necessary to obtain all the necessary records and locate and consult with a qualified medical expert. We have an extensive network of medical professionals we can call on to assist with evaluations, but time is certainly of the essence nonetheless. So don’t hesitate, call us now at 704-897-0490 (anytime, day or night)
5. What damages can I recover in a medical malpractice case?
Damages in a medical malpractice case may include compensation for medical expenses, lost wages, pain and suffering, emotional distress, and other losses directly related to the malpractice. The specific damages vary depending on the circumstances of the case.
6. Do I need expert witnesses for a medical malpractice case?
In most medical malpractice cases, expert witnesses are essential to establish the standard of care and prove negligence (some exceptions are so rare they’re not even worth mentioning because they almost never apply). We can help identify and consult with medical experts who can help evaluate the possibility of making a viable claim and provide testimony to support your claims.
7. Can I still file a claim if I signed a consent form for treatment?
Yes, signing a consent form does not absolve a healthcare provider of liability for negligence or malpractice. Consent forms generally cover risks associated with a procedure, but do not grant immunity for negligent actions. Again, the extent to which any claims may be precluded by any documentation you signed is a factor we’ll consider when evaluating your inquiry.
8. How long does a medical malpractice case take to resolve?
The duration of a medical malpractice case can vary significantly, depending on factors such as the complexity of the case, court backlog, and negotiations. Some cases may settle relatively quickly, while others could take several years to resolve. So yet again, time is of the essence, and it’s important that you act promptly to have us evaluate your situation. Call us now at 704-897-0490 (anytime, day or night)
9. Do I have to go to court for a medical malpractice claim?
Not all medical malpractice cases go to court. Many are resolved through negotiation and settlement outside of court. However, your case may proceed to trial if a fair settlement cannot be reached. If we find that you have viable claims that we can help you pursue, we will advise you on the best course of action based on your specific circumstances. We will keep you advised every step of the way, and you will be informed of and have significant input into all critical decisions.
10. How can BrennerBondurant help me with my medical malpractice case?
Our experienced medical malpractice attorneys are dedicated to helping you seek justice and compensation for your injuries. We provide personalized legal guidance, conduct thorough investigations, consult with experts, and fight for your rights every step of the way. But again, time is of the essence in medical malpractice cases; delays in taking action can come back to haunt you, as the closer the statute of limitations get, the more attorneys may be reluctant to take your case.
So don’t wait. Call us now at 704-897-0490 (anytime, day or night). We will contact you immediately to start gathering the information we need.
