what kind of attorney do i need to sue the doctor

Should I Sue my doctor?

Mar 04, 2015 · Posted on Mar 4, 2015. If the doctor fell below the standard of care, then you would want a medical negligence (aka medical malpractice) attorney. Be advised that med-mal claims are expensive and very difficult to prove - and that's if …

How to sue your doctor?

Feb 23, 2021 · To receive the compensation you deserve, you may need to sue the doctor, medical professional, or healthcare service provider that provided or failed to provide treatment to you. The best and most experienced type of lawyer that can help you with your case is a medical malpractice lawyer.

Who is the best medical malpractice attorney?

Apr 18, 2011 · 3. Determine who to sue. When suing a doctor for malpractice, you can sue the doctor independently. In some cases, you can also sue the hospital where you received the negligent treatment. If you were injured during surgery, you also may sue anyone who attended to you during surgery, such as doctors and nurses.

Why is Sue your doctor?

an experienced medical malpractice lawyer is typically crucial to a favorable outcome a qualified medical expert witness usually must vouch for the merits of your case, and in many states, plaintiffs must comply with special procedural rules before (or …

What is Medical Malpractice?

Medical malpractice is a widespread issue that can happen to any patient when they least expect it, causing someone who may have never been involved in the legal system before to need to sue a doctor.

Hiring a Lawyer To Sue a Doctor

Medical malpractice laws recognize that injured patients have the right to seek financial compensation, but the process is very confusing and requires an experienced personal injury lawyer to navigate.

Philadelphia Medical Malpractice Attorneys

Healthcare professionals have an obligation to their patients to act in accordance with the oath they swore to “ Do No Harm .” No patient seeking care should ever have to endure additional pain and suffering caused by those they trusted to heal them.

How to find a lawyer for medical malpractice?

1. Make a list. Medical malpractice cases are among the most complicated cases to pursue, so you will need a lawyer. Check your Yellow Pages for attorneys, and perform a web search. Type “lawyer,” “medical malpractice,” and your city into your favorite search engine.

What happens if you settle a medical malpractice claim?

If you agree to a settlement with your doctor's medical malpractice insurance company, you will be asked to sign a legal document that prevents you from suing the doctor in the future for the same injuries.

What is the closing argument in a case?

The closing argument is your lawyer’s chance to explain how the evidence presented should command a result in your favor. In a bench trial, the court will often request that the attorneys write briefs. These are legal arguments, which cite to the evidence presented as well as to the controlling legal authority.

How to build a malpractice case?

Documenting your injury is the most important thing you can do to build a strong medical malpractice case. Request your medical records. Gather a complete set of medical records for your trial, including radiology reports, notes from your doctor, and reports from third-party medical professionals who you visited.

Can you sue a doctor for malpractice?

When suing a doctor for malpractice, you can sue the doctor independently. In some cases, you can also sue the hospital where you received the negligent treatment. If you were injured during surgery, you also may sue anyone who attended to you during surgery, such as doctors and nurses.

Can you sue a doctor for negligence?

You may want to sue if your doctor was negligent in providing medical care. People are often reluctant to sue a doctor for medical negligence because they aren't aware that they can, or they don't want to sue for damages . If you were injured as the result of negligent medical care, a lawsuit may provide you with compensation for your injuries.

How long do you have to file a medical malpractice lawsuit?

All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes of limitations. These laws can be very complex, since in most states the deadline can vary depending on the circumstances of a particular case. So the text of a typical statute of limitations for medical malpractice lawsuits might include: 1 the standard filing deadline (i.e. one year, two years) 2 the " discovery rule " exception for situations in which the patient did not know (or could not reasonably have learned) that a health care provider's medical negligence played a role in their harm 3 an overarching time limit for filing the lawsuit (called a "statute of repose"), which applies regardless of any "discovery rule" extension, and 4 the deadline for minors, incapacitated individuals, and others.

What is the statute of limitations for medical malpractice?

All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes of limitations. These laws can be very complex, since in most states the deadline can vary depending on the circumstances of a particular case. So the text of a typical statute of limitations for medical malpractice lawsuits might include:

When do you have to submit an offer of proof?

In many states, the plaintiff's lawyer must submit what is called an "offer of proof" or a "certificate of merit" when (or soon after) filing the lawsuit, and before any pretrial investigation occurs .

What is a certificate of merit?

The "Certificate of Merit" and Other Pre-Lawsuit Filing Rules. In many states, the plaintiff's lawyer must submit what is called an "offer of proof" or a "certificate of merit" when (or soon after) filing the lawsuit, and before any pretrial investigation occurs.

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Does Your Case Meet the Legal Threshold for Medical Malpractice?

Before you sue your doctor for medical malpractice, take some time to consider whether you believe your case meets the threshold for a medical malpractice claim. Did your doctor breach the medical standard of care and did that breach cause you to suffer damages? Be honest with yourself.

Was Your Treatment Merely Unsuccessful?

Many people mistakenly choose to file medical malpractice lawsuits because they are unhappy with the results of their treatment. However, a poor result -- even death -- does not always equate to malpractice. Medicine is an inexact science. Even the most routine procedure can result in complications both foreseen and unforeseen.

Can You Afford Not To File? Can You Afford To Lose?

Medical malpractice lawsuits are expensive, time-consuming and emotionally draining affairs. They are long, drawn-out and adversarial processes that often turn ugly. Before you decide to sue your doctor, make sure you are prepared to deal with the ensuing aggravation and potential financial ramifications.

Can I Just Hire a Personal Injury Lawyer for a Medical Malpractice Claim?

Won’t a skilled personal injury attorney do the same thing as a medical malpractice attorney? The short answer: no. Personal injury law is a broad field of legal practice, within which medical malpractice is a very specific area. Medical malpractice cases by their very nature involve complex medical and legal components.

Why do I Need a Dedicated Medical Malpractice Attorney?

There are a myriad of reasons to enlist an experienced medical malpractice lawyer if you want to sue another party for medical negligence. Here are a few of the top things to remember when deciding who will represent you:

What does a Medical Malpractice Lawyer Do?

The complexities of medical malpractice law are vast, which is why it is best to have a lawyer who knows and understands the specifics of medical negligence claims. There are a number of key functions that an experienced medical malpractice attorney will serve when representing you in a lawsuit.

Need a Medical Malpractice Case Attorney in NJ? Contact Fronzuto Law Group for Immediate Assistance

If you or a loved one suffered harm as a result of medical negligence in New Jersey or you are wondering if you may have grounds for a lawsuit, you have come to the right place. Fronzuto Law Group is a team of highly experienced medical malpractice lawyers who assist clients throughout New Jersey with negligence claims.

What is medical malpractice?

Medical malpractice occurs when a healthcare professional provides treatment that deviates from accepted standards of care within the medical community, thereby causing injury to a patient. If a doctor, surgeon, hospital, or another party was medically negligent, they may be liable for any ensuing losses.

What are some examples of emergency room negligence?

Examples of emergency room negligence include: Misreading charts, x-rays, or MRIs. Failing to diagnose a condition. Making an incorrect or delayed diagnosis. Making medication errors.

What is post operative care?

Postoperative care refers to the monitoring and subsequent care that a patient receives following surgery. Medical professionals are responsible for monitoring their patients for complications that might arise from surgery, preventing and treating infections, monitoring vital signs, providing detailed instructions for post-surgical care, and correctly prescribing medicine to aid in the healing process. If a doctor fails to properly monitor a patient or identify symptoms after surgery, they may be liable for malpractice.

Can a hospital be sued for malpractice?

In some cases, the hospital itself may be liable in a medical malpractice lawsuit. Hospitals must adequately evaluate prospective employees. That includes evaluating their prior experience, certifications, and level of education.

What is a breach of duty?

Breach of Duty: The physician must have violated their duty to the patient.

Can a hospital be held liable for medical malpractice?

Failure to meet these and other standards may be grounds for a medical malpractice lawsuit. In addition, hospitals can be held vicariously liable if an employee or staff member causes injury to a patient, provided the employee was acting within the scope of their employment at the time the negligent act took place.

Can MRIs be misused?

Medical devices such as MRIs are used routinely to diagnose, treat, and prevent illnesses. However, they can be misused and result in serious injuries or even death. In addition, manufacturers can be liable for manufacturing defects, design defects, and inadequate warnings.