Medical Malpractice FAQs
Q: What Is Medical Malpractice?
A: Medical Malpractice is a negligent act or omission by a health care provider in which that care as provided by the health care provider deviates or strays from accepted standards of practice in the medical community. This deviation from the accepted standard of care must cause injury or death to the patient. In simple terms, medical negligence occurs when a health care provider does not fulfill his or her duties to take care of a patient in a standard manner that consequently causes injury to the patient. Medical malpractice can occur in a variety of settings: the hospital, a doctor’s office, a clinic, an outpatient surgical center, a pharmacy and a nursing home to name a few.
Q: Are All Bad Results Of Medical Care Considered To Be Medical Malpractice?
A: No. Not all medical care that ends with less than optimal results is medical malpractice. Poor bedside manner or offensive conduct by a health care provider is not necessarily medical malpractice. While rude or verbal misconduct may be a violation of ethics and licensing rules, this conduct may not rise to the level of medical malpractice. A health care provider’s conduct does not give rise to a claim unless it is medical care that falls below accepted standards.
Q: Do I Need A Lawyer?
A: If you feel that you or a loved one has suffered an injury as a result of improper medical care, then you should contact Fodera & Long right away. The attorneys of Fodera & Long are experienced trial attorneys who handle Medical Malpractice cases every single day. The attorneys of Fodera & Long have over 70 years of combined experience litigating Medical Malpractice cases.
Q: What Can I Be Compensated For If I Bring A Personal Injury Lawsuit?
A: If you have filed a medical malpractice lawsuit, you must provide evidence that you have suffered harm as a result of the medical negligence. Examples of compensable injuries resulting from medical malpractice are loss of some body organ or function, permanent scarring, disfigurement, loss of chance of a cure (as seen in delayed cancer diagnosis cases), death, lost wages and earning capacity, loss of enjoyment of life, pain and suffering, past and future medical expenses.
Q: How Much Will It Cost Me To Bring A Personal Injury Lawsuit?
A: Medical malpractice cases are handled on a contingency basis. That means we only get paid a fee when we have obtained monetary compensation for our clients. Fodera & Long advances the costs of a medical malpractice claim. We get reimbursed those costs when we obtain monetary compensation. Our initial consultation is always free. Any questions or concerns regarding our fees and costs are explained during our initial free consultation.
Q: How Much Time To I Have To File A Medical Malpractice Lawsuit?
A: Each state has a specific timeframe in which a lawsuit can be timely filed. This is called the Statute of Limitations. Generally, the time limit begins to run from the date you knew or should have known of your injury. In the Commonwealth of Pennsylvania, a person must file a lawsuit within a specific time frame from the date of injury to preserve his or her medical malpractice claim. Often times, injuries as a result of medical care are complex and complicated making the determination of the Statute of Limitations challenging. That is why you are encouraged to call An experienced trial attorney at Fodera & Long to assist you with any questions you may have regarding questionable medical care that you or a loved one has received.
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