Malpractice

How do I know if my medical problem would likely be considered medical malpractice?
In order for a medical malpractice case to be successful, it will be necessary to prove three things: 1) your medical professional breached the standard of care or made a mistake which a reasonable and prudent medical professional would not have made under the same circumstances; 2) the medical professional’s mistake caused a physical or mental injury to you that you otherwise would not have experienced; and 3) you experienced damages (i.e. financial, medical, or mental) as a result of the medical professional’s mistake. If your case meets these standards, it could be considered medical malpractice. An attorney specializing in medical malpractice can advise you more specifically about your case and will often offer a free initial consultation.
How long do I have to decide if I want to pursue a case of medical malpractice against my doctor?
This is a complicated question. Generally, medical malpractice claims have to be filed within one year after the malpractice occurred. However, there are situational variations, nuances, and several exceptions to this rule so it is very important that you contact an attorney as soon as possible. A medical malpractice attorney can advise you on how your situation may be interpreted.
Do I need an attorney if I am a victim of medical malpractice?
If you believe a professional’s medical mistake has caused you injury and damages, it will be important for you to have an attorney advising and representing you. An experienced medical malpractice attorney can evaluate your claim so that you can make a full and informed decision about whether you want to go forward. They can assess the facts of your case with the benefit of years of training and experience. They are likely to understand issues, rules, and laws about your case that you didn’t realize were important. They can investigate and interview potential witnesses. They may understand what value the insurers will place on your case and can negotiate the best settlement for you. They can represent you in court should your case go to trial. Having legal representation informs the insurer and other parties that you are taking the situation seriously and this may encourage quicker resolution.
Will the medical professional lose his/her license to practice if he/she is found to be negligent?
No, a civil lawsuit against a medical professional only seeks monetary compensation for injuries or damages caused by the malpractice. However, you may contact the appropriate State Board (medical, dental, nursing, etc…) for more information regarding state licensure.
How do I know if my former attorney committed legal malpractice?
In order for a legal malpractice case to be successful, it will be necessary to prove: 1) you had an attorney-client relationship with this attorney; 2) the attorney breached his/her duty to you; and 3) this breach caused you injuries/damages. If your case meets these standards, it could be considered legal malpractice. An attorney specializing in legal malpractice can advise you more specifically about your case and will often offer a free initial consultation.
How long do I have to decide if I want to pursue a case of legal malpractice against my lawyer?
This is a very complicated question. Generally, legal malpractice claims have to be filed within one year after the malpractice occurred. However, there are situational variations, nuances, and exceptions to this rule so it is very important that you contact an attorney as soon as possible. A legal malpractice attorney will advise you on how your situation may be interpreted.
Do I need an attorney if I am a victim of legal malpractice?
If you believe your former attorney’s mistake has caused you injury and damages, it will be important for you to have an attorney advising and representing you. An experienced legal malpractice attorney can evaluate your claim so that you can make a full and informed decision about whether you want to go forward. They can assess the facts of your case with the benefit of years of training and experience. They are likely to understand issues, rules, and laws about your case that you didn’t realize were important. They can investigate and interview potential witnesses. They may understand what value the insurers will place on your case and can negotiate the best settlement for you. They can represent you in court should your case go to trial. Having legal representation informs the insurer and other parties that you are taking the situation seriously and this may encourage quicker resolution.
Will the attorney lose his/her license to practice law if he/she is found to be negligent?
No, a civil lawsuit against an attorney only seeks monetary compensation for injuries or damages caused by the malpractice. However, you may contact the appropriate county Bar Association or the Supreme Court of your state for more information about filing an ethical grievance against the attorney.