1. What is considered 'medical malpractice'?
Medical malpractice/medical negligence occurs when health care providers cause injury or death by failing to meet the accepted 'standard of care'. The most common types of medical malpractice include:
- Misreading test results
- Failing to properly diagnose a condition
- Failing to promptly respond to symptoms
- Surgical errors
- Medication errors
2. What should I do if I suspect that malpractice has occurred?
Do not accuse or insult the treating health care providers. Politely request your medical records and have them reviewed by an expert. If treatment is ongoing, you may want to request a transfer of the patient to another hospital or health care provider. Quality medical treatment should be your primary concern.
Document in detail the events as they unfold. Most importantly, contact an experienced medical malpractice attorney at Brown & Crouppen who can review your records and situation.
3. If I have been misdiagnosed is that considered malpractice?
Not necessarily. Keep in mind that while a medical mistake can cause frustration and emotional distress, a physical injury is required for a medical malpractice suit.
4. Is there a statute of limitations for filing a medical malpractice lawsuit?
Yes. The statute of limitations for a medical malpractice lawsuit varies from state to state and normally ranges from 1 year to 7 years. Children usually have some time after their 18th birthday to file suit. Because of the varying statutes of limitations, contact an experienced medical malpractice attorney as soon as you suspect malpractice has taken place.
5. If I signed a waiver or consent form, have I waived my rights?
No.
6. Can I find out if my doctor has had any medical malpractice claims?
Unfortunately, it is often not possible to find out how many medical malpractice claims a doctor has had, except in the midst of a lawsuit. To find out if a physician has been disciplined, contact the applicable state medical board for more information. Keep in mind that many state medical boards cannot release this information to the public.
For the Missouri State Medical Board's main web site, go to http://www.pr.mo.gov/healingarts.asp.
For the Illinois Department of Financial and Professional Regulation, go to http://www.idfpr.com/dpr/WHO/med.asp
7. Can I get copies of my medical records?
Yes. Usually, all that is required is a written request submitted to the medical facility where your treatment occurred. Be sure to include your exact, correctly spelled name, your social security number, your date of birth and any applicable patient numbers. You may need to contact a number of service providers. There is often a per page copy charge.
8. What type of settlement can I expect if I have been a victim of medical malpractice?
Each case is different and state laws may cap or limit total compensation amounts. Compensation may cover medical bills, pain and suffering, lost wages, lost earning potential, lifetime care benefits, and other expenses. There are many factors that affect compensation. An experienced medical malpractice lawyer at Brown & Crouppen can work with you to determine the amount of compensation you are entitled to, and work on your behalf to protect your interests.
