Quaranta & Associates

Frequently Asked Questions:

MEDICAL MALPRACTICE

What is medical malpractice?

Medical malpractice, sometimes referred to as medical negligence, means that a doctor, nurse or other health care provider caused an injury or death to a patient by failing to act within good and accepted medical practices, also known as the standard of care. A physician or other health care provider commits medical malpractice and is negligent when he or she fails to act reasonably under the circumstances and the unreasonable conduct causes harm.

How can I find out if I have a case?

Medical malpractice law is a highly specialized area of law. Only an attorney who has prior experience in the medical malpractice field will be able to properly advise you, if there is merit to your case. You must be able to tell the attorney exactly what happened to you, from the first time you visited the doctor through your last contact. What were the circumstances surrounding your illness or injury? How did your doctor treat it? What did your doctor tell you about your treatment? Did you follow your doctor's instructions? What happened to you? And, finally, when did this take place. Answers to these and other relevant questions become important if you think your doctor may have committed malpractice.

Who can be sued under medical malpractice laws?

Any heath care professional that is in a position of trust and who is licensed and provides professional medical service to you can be held accountable. This includes doctors, nurses, nurse practitioners, or hospital staff. It is possible that the individual is a lab or x-ray technician with certain qualifications for operating advanced medical equipment or interpreting the results of various diagnostic tests. A facility or company may also be liable for malpractice. Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law.

What does "established customary standard of care" mean?

This is the degree of care and skill that the average doctor would provide to a patient who sought medical care for similar symptoms and circumstances.

My doctor made a mistake and admitted it. Do I have a malpractice case?

The key to determining if you have a case is to speak with a trained attorney in this field. Just because someone tells you that they made a mistake does not mean you have an automatic case. Only a medical malpractice/medical negligence attorney can help you to determine if your case has merit and if it is worth pursuing. Many mistakes are simply that, but if your doctor's mistake was the result of negligence or failure to meet the expected standard of care, then the answer may be "Yes."

What kind of mistakes can result in medical malpractice?

Many different mistakes may constitute medical malpractice including:

• The medical professionals didn't inform you of the risks before treating you;
• They did not determine the proper diagnosis of your condition;
• They did not perform appropriate diagnostic testing;
• They did not properly treat your condition;
• They did not administer medications properly;
• They did not manage a pregnancy or deliver a baby in a safe manner;
• They did not perform the operation properly; or
• They did not anticipate a problem which they should have.

How do I gather evidence for a medical malpractice case?

You may be asked to secure a copy of the relevant medical records; however, often times your attorney will have access to more medical records and will be able to secure them easier. It will be necessary for your attorney to retain a medical expert whose job it is to evaluate and analyze your medical records in order to offer an opinion as to the merits.

I don't want to take advantage of my doctor, or the hospital where I was treated.

This does not happen. All doctors and hospitals carry liability insurance, so they will not be paying you out of their own pockets any money that is recovered for you. It is the insurance company who will be responsible for any settlement and/ or award you receive. Insurance companies only pay when they must and when their feet are held to the fire. They pay only to avoid higher court awards. This is why you need an experienced attorney in this specialty area who can put pressure on the insurance company to pay and to pay early.