Answers to Common Medical Malpractice Questions
Medical malpractice isn’t always straightforward and can be difficult for people who aren’t experienced lawyers to understand at first. At Emerson Scott, LLP, we try to help our clients understand the details of their case and how it affects their claim to help them understand their options.
If you or a loved one suffered from medical malpractice, you probably have a lot of questions about what to do next and how to start getting your life back together after a medical injury or death. Every case is different and your medical malpractice claim may be different. Below you’ll find answers to common medical malpractice questions that can help start to explain how medical malpractice lawsuits work and how one may be able to help you.
- What is medical malpractice?
- What are examples of medical malpractice?
- What kinds of damages can medical malpractice victims pursue?
- What are the time limits on medical malpractice cases? What is the statute of limitations?
- How do I know if I have a medical malpractice case?
- How do I pay for a medical malpractice case? What about attorney fees?
Medical malpractice is when healthcare professionals provide medical care that is below the minimum standard of care through negligence or omission.
Medical malpractice may include:
- Leaving objects in the body after surgery, like surgical sponges or tools
- Operating on the wrong body part
- Failure to monitor patiently properly
- Misdiagnosis, delayed diagnosis or failure to diagnose
- Improper treatment, failure to treat, or delay in treatment
- Failure to provide patient with follow-up treatment or important information
- Failure to get consent for the treatment
- Failure to properly monitor the patient
- Failure to follow doctor’s orders or report change in condition to doctor
- Prescription errors
Medical malpractice can be different in every case, however, and may occur when care is below the minimum standard of care through negligence or omission.
Most medical malpractice cases seek compensation for the following:
Medical expenses, both caused by the injury and future expenses for conditions caused by the injury
Lost wages, even if you could go back to work after recovery
Loss of earning potential
Loss of consortium to spouses due to life-changing injuries or death
Pain and suffering
Long term care
Other damages, such as parental support, life’s enjoyment and more
Speaking with an attorney as soon as possible is an important aspect of making a medical malpractice claim. In Arkansas, the time limit is generally two years from the date of the injury however there are exceptions to this rule. Medical malpractice cases can take more time than others to build because of the need to collect a large amount of information. Even if you do not know the full extent of your injuries, you should promptly contact an attorney. Many people who wait to see if they get better but don’t get better miss the opportunity to hold the party that caused the injury accountable.
Every medical malpractice case is different. Speaking with an experienced attorney about your case can help you understand if you have a strong claim. We offer free initial consultations to discuss medical malpractice cases at no cost to you. Call us today at501-907-2555.
Emerson Scott, LLP typically works with medical malpractice clients on a contingency basis, which means that we don’t get paid unless you win.