Not necessarily. Medicine is not an exact science and the law does not require doctors to be right every time they make a diagnosis. However, a misdiagnosis may be malpractice if your doctor neglects to get your medical history, order the appropriate test for your illness, or recognize the symptoms of your illness. If you have not suffered any injuries as a result of the misdiagnosis and the consequent treatment, you have no basis for a medical malpractice claim.
Can I Sue For Medical Malpractice?
A patient injured due to medical negligence—or a family member if the victim is unable—can file suit. When someone dies as a result of medical negligence, the patient's family may sue for wrongful death.
Will I Have To Attend Court Hearings?
Not always. As your case is developed and prosecuted, there will be various court hearings on legal matters. These hearings normally involve discovery issues such as the court determining what documents must be produced when one side has objected. These type of hearings do not require your attendance or participation. If any court hearing does require you to attend, you will be notified.
Can A Hospital Be Held Liable For A Doctor's Negligence?
Under certain circumstances, a hospital may be liable for the conduct of doctors, nurses or other health care professionals who staff the hospital. If the hospital employs the physician, nurse or other health care provider, the hospital may be liable for their conduct. Whether the hospital is liable depends upon a careful review of the circumstances surrounding the employment status of the physician.
Have I Waived My Rights Because I Signed A Consent Form?
A consent form does not give the health care provider a license to commit malpractice. While the execution of a typical consent form indicates acknowledgement of stated risks and complications associated with a given treatment or procedure, it does not relieve the health care provider from his or her duty of meeting the standard of care associated with such treatment or procedure.
What Kind Of Medical Professionals Can Be Responsible For Medical Malpractice?
You can pursue a medical malpractice claim against any medical professional who is licensed to provide medical care. This can include doctors, surgeons, nurses, anesthesiologists, therapists, rehabilitation specialists, phlebotomists, pharmacists, techs or any other professional who treated you and may have contributed to your pain or injury.
How Long Do I Have To Bring A Medical Malpractice Lawsuit
There is not an easy answer to this question because it depends on several factors, such as where the medical negligence occurred.
What Types Of Evidence Do I Need In Medical Malpractice Cases?
You will generally need medical records pertinent to the injury or issues of the case. Many providers charge per page for providing copies of the records, and some are able to provide records on electronic disc for a flat fee. The other evidence most states require is the testimony of an expert and some states require a written report containing the expert’s opinions.
Do I Have To Pay Back My Health Insurance?
If your health insurance has paid for medical treatment that you were forced to obtain as a result of medical negligence, your health insurance company may have a right of subrogation or reimbursement. What this means is that if your health insurance pays for medical expenses you incurred as a result of someone else's negligent conduct, your health insurance company may have a right to get paid back for those expenses either from the at-fault party's insurance carrier or from any settlement you receive from the at-fault party.