Medical malpractice is complex and often misunderstood. If you’re a patient who has experienced harm, understanding the fundamentals of medical malpractice is essential to your recovery.
Here are answers to some of our most frequently asked questions about medical malpractice.
What is medical malpractice?
Medical malpractice is when a negligent healthcare provider, doctor, or nurse harms a patient.
There are several types of medical malpractice, including:
- Birth injury
- Surgical error
- Medication error
- Misdiagnosis or delayed diagnosis
- Failure to obtain informed consent
- Inadequate after-care.
How do I know if I’m a victim of medical malpractice?
You may have a medical malpractice case if:
- You or your baby were injured during childbirth.
- You received incorrect or substandard surgery, surgery on the wrong body part, or you did not provide consent before an operation.
- Your doctor prescribed the wrong dosage of medication, medication that reacted with an existing prescription, or medication that contained a known allergen.
- Your doctor misdiagnosed you, diagnosed you too late, or failed to diagnose you entirely.
- Your doctor did not fully explain the risks, alternatives, and purpose of your medication, procedure, or treatment.
- You received minimal or substandard care after an operation or procedure.
If you’ve recently experienced unexpected adverse effects as a result of medical treatment, consult your lawyer to find out if you have a medical malpractice case.
How do I prove medical malpractice?
To claim medical malpractice, you and your attorney must prove:
- Duty. The healthcare provider had a duty to provide care to you, the patient.
- Breach. The provider breached the standard of care. In other words, they failed to act as a reasonable provider would in similar circumstances.
- Causation. The provider directly caused harm or injury to you, the patient.
- Damages. You suffered damages as a result of the provider’s action.
How long do you have to sue a hospital for negligence?
In most cases, you have two years from your injury to file a medical malpractice claim. There are a few exceptions to the two-year statute of limitations. For example, a minor must bring a claim by their eighth birthday. The statute can be extended under a few other narrow circumstances. If it has been over two years since your malpractice, consult an attorney immediately to determine whether you qualify for an exception.
How much is my medical malpractice case worth?
The recovery potential of medical malpractice cases ranges greatly depending on past and future damages and evidence strength. We’ve had a wide range of case results.
Consulting a lawyer is the best way to determine how much your medical malpractice case is worth.
Typically, recovery includes:
- Past and future medical costs
- Lost wages and diminished earning capacity
- Rehabilitation costs
- Past and ongoing pain and suffering
- Mental anguish and emotional distress
How long does a malpractice settlement take?
On average, medical malpractice cases take two to three years to settle. Depending on the severity and complexity of the case, the quality and availability of evidence, and your state, a medical malpractice case can take several months to several years. If your case is settled outside of court, it will take less time. Resolution will take longer if the case goes to trial or is appealed.
How does medical malpractice differ from negligence?
Negligence is a broader term referring to any failure to meet the standard of care, while medical malpractice refers to instances of negligence that cause harm to patients. Medical malpractice and negligence are related concepts, and both are used frequently in medical malpractice cases.
What are the odds of winning a medical malpractice suit?
With strong evidence to support your medical malpractice case, you have a 50% chance of winning. As evidence weakens, your chances of winning decline. In borderline cases, jurors favor the physicians about 70% of the time.
The odds may seem stacked against you, but with an experienced medical malpractice lawyer, you can maximize your chances of recovery.
Can you sue a doctor for lying?
Yes, you can sue a doctor for lying. It is illegal for a healthcare provider to provide you with false information or complete a medical procedure without obtaining informed consent from the patient. However, the patient bears the burden of proof in medical malpractice cases. To win your case, you and your attorney must prove that the doctor knowingly or deceptively made false statements and that the false statements caused you harm.
What happens if you lose a medical malpractice case?
If you lose a medical malpractice case:
- You will be financially responsible for all medical costs, damages, and other expenses.
- You will not receive any compensation for pain and suffering or lost wages.
- You may be able to file an appeal depending on the laws in your area, but the results of appeals vary substantially.
It is uncommon for medical malpractice victims who file suit and self-represent to achieve full financial recovery. Your best chance at success is finding the right lawyer to help.
How Golitko & Daly Can Help
If you or a loved one has experienced complications from medical malpractice, consult with an attorney. Golitko & Daly’s experienced medical malpractice attorneys can help you rebuild your life physically, financially, and emotionally.
To schedule a free consultation, call us at 317-566-9600 (Indianapolis), 765-865-9300 (Kokomo), or 812-566-2600 (Bloomington), or complete our inquiry form.*
*Free consultation; no retainer fee. You don’t pay a fee until we obtain a settlement for you. All attorney fees are based on the amount of your recovery.