Medical Malpractice - Frequently Asked Questions

A patient can file a medical malpractice lawsuit if he or she is harmed by something a health care provider did or failed to do. The frequently asked questions below address some of the common concerns about medical malpractice claims.

What is medical malpractice?

When a person suffers injury because of health care provider’s negligence or failure to act it is considered medical malpractice.

What can I get from a medical malpractice lawsuit?

If your lawsuit is successful you may receive financial compensation for medical expenses, lost wages, lost future wages, and pain and suffering. You may also receive punitive damages if the health care provider acted recklessly. Punitive damages serve to punish the provider and act as a deterrent to future negligence.

Do I need a lawyer to file a medical malpractice lawsuit?

You don’t have to have a lawyer, but you have a better chance of succeeding if a lawyer represents your interests. Among other things a lawyer will make sure all the necessary evidence is collected, will help you file your claim within your state’s statute of limitations, and will represent you in all legal actions regarding your claim.

Should I choose a lawyer who specializes in medical malpractice?

That’s a good idea. Medical malpractice laws are complex, so finding personal injury attorneys with expertise in medical malpractice may be better able to help you.

If I file a medical malpractice lawsuit who do I sue?

You can bring a case against a health care provider or the employer of the health care provider.

Must all doctors have medical malpractice insurance?

No. Most but not all, states require that physicians have malpractice insurance. Most hospitals require that physicians have malpractice insurance in order to have privileges in the hospital.

Do all the states have the same laws about medical malpractice lawsuits?

No. State laws vary and federal regulations do not govern the overall field of medical malpractice. Some states set a cap or limit on the amount a person can recover through a malpractice claim.

What does “wrongful death” mean?

If a person dies from injuries due to the medical provider’s negligence, family members may bring a wrongful death lawsuit to compensate them for the loss of their loved one.

How long will it take to resolve my claim?

It takes an average of four to five years from the date of the incident to resolve medical malpractice claims.

To learn more about your legal entitlements, we encourage you to speak with our team of skilled car accident lawyers, wrongful death lawyers, birth injury attorneys, and product liability lawyers. This team of skilled Brooklyn wrongful death and personal injury attorneys will help you understand your legal entitlements.