FAQs About Medical Malpractice Lawsuits

If You Are A Victim Of Medical Malpractice You Should Not Feel Bad About Talking To An Attorney

Medical Malpractice FAQsSometimes patients are reluctant to report suspected medical malpractice, or to retain an attorney to represent them in a civil lawsuit.  We trust in our doctors’ training, experience, and knowledge and for some patients, the idea that doctors can make a mistake is a sobering thought they find hard to accept.  A patient who has been a victim of medical malpractice may even want to remain loyal to a doctor and won’t file a lawsuit out of concern for the doctor’s livelihood and reputation.

Suing a doctor for malpractice does not mean they will lose their medical license.  In most cases involving medical malpractice, the doctor will be able to continue to practice medicine normally both during and after the lawsuit — even if the doctor is found at fault and you are awarded monetary compensation for your injuries and suffering.

Doctors are required to carry medical malpractice for a reason — they are human, and can and sometimes do make mistakes that can cause serious physical, emotional, and financial harm to their patients.  In medical malpractice lawsuits, the insurance company will have to pay on your claim.

If you were injured as a result of medical neglect or malpractice, you should not have to bear the costs of additional or corrective treatments or loss of income brought about by mistakes made by a medical professional.  Civil laws exist to protect you and your right to fair compensation.  You may be entitled to damages related to physical pain and suffering, emotional distress, loss of wages or earning capacity, and medical or injury related expenses.

If medical malpractice was committed, do I have a case?

Not necessarily.  An act of medical negligence must result in some damage or injury. There are hundreds of acts of medical negligence every day that cause no harm to anyone. California law requires that the act of negligence be a substantial factor in causing injury, harm or damage.

Medical malpractice laws are notoriously complex and confusing, so contacting an experienced lawyer immediately will be vital in receiving compensation for your suffering. They can help you collect and present all the facts of the case and guide you through the process of filing a medical malpractice lawsuit.

In order to file a medical malpractice lawsuit, you must be able to prove:

  • That the doctor made a mistake; or
  • Did not meet the standard of care; and
  • That the patient was injured; and
  • That there is a casual link between the mistake and the injury.

You need a professional to analyze your case. You may or may not have been aware of any negligence. Oftentimes, the client is unaware that there was negligence and only knows that there was a bad outcome resulting in injury or death. Our team will thoroughly review the medical records and consult with the necessary experts in order to determine if you have a case.

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

The deadline to file your case is known as the statute of limitations. The law is very strict about filing your case in a timely manner. The statute of limitations varies from case to case and can be as short as six months from the injury or incident or up to 8 years or even longer. It depends on a variety of factors, and you should not give up just because the incident or injury occurred long ago. Call an experienced medical malpractice lawyer at 877-664-5407 to learn more about the specific deadline in your case.

How much money can I recover in a medical malpractice settlement or lawsuit?

That depends on the type of case. Monetary damages in medical malpractice cases consist of non-economic damages such as pain and suffering and economic damages such as out of pocket expenses, unpaid medical bills, loss of past and future income, future medical care and treatment and loss of home services.

In cases in which the patient requires future medical care, the attempt by the plaintiff to recover all damages is contested vigorously by the defense. The patient needs an experienced medical malpractice attorney, such as those at Donahue & Horrow, L.L.P., to be confident of pursuing maximum financial recovery. It is important to include in the damage claim the costs of the future medical care you may require. Attorney Thomas E. Donahue has consistently maximized the damages his clients receive in medical malpractice cases.

Will my case settle or go to trial?

Most cases settle before trial. However, the case must be litigated aggressively in order to get the case settled for the maximum dollar figure. Donahue & Horrow, L.L.P., emphasizes aggressive litigation and leaving no stone unturned in order to present the strongest possible case for you when it comes time to settle your case or go to trial.

How much will it cost me to hire a medical malpractice lawyer?

Clients of Donahue & Horrow, L.L.P., pay nothing until there is a recovery on your case. Medical malpractice cases are expensive to litigate and can cost over $100,000 just to take to trial. The firm pays for all costs and the client only pays us back if there is a recovery. If there is no recovery, then the firm does not ask that the clients repay the costs advanced.

Los Angeles Medical Malpractice Attorneys With A Proven Track Record

Donahue & Horrow, L.L.P., assumes this risk and therefore, we only those cases which are truly meritorious. Contact our offices in El Segundo, California, today to learn more in an informative consultation, free of charge.

Top

Thomas Donahue is an experienced medical malpractice attorney who has won millions of dollars for clients who were victims of medical malpractice.