1. Can I sue my doctor if I am unhappy with the treatment I received? Only if that medical provider, whether it be a doctor, nurse, hospital, dentist or other type of health provider, deviates from the appropriate standard of care, and caused a serious injury or death, may you have a cause of action against that individual or the organization. Just because a patient experiences a bad result, doesn’t mean the doctor is responsible. At Gold, Khourey & Turak, we have an attorney on staff, Kathleen Fantazzi, who combines her 10 years of legal experience with more than 25 years as a registered nurse, that can answer your questions and determine whether malpractice has occurred. 2. What is the statute of limitations in medical malpractice cases? Statue of limitations vary by state and by course of action. In Ohio, actions against a health care provider must be filed within one (1) year of the date the incident of injury occurred. Extensions may be granted under certain circumstances. In West Virginia, generally you have two (2) years from the date of injury or from the date the injury should have been discovered to file a claim. There are also special rules for minors with respect to the statute of limitations. You should contact an attorney as soon after the incident as possible in order to make sure you preserve your rights to file a claim. Missing the statute of limitations deadline may limit your right to file a claim and recover damages. 3. When I call an attorney, will they be able to tell me right away whether or not malpractice has occurred? No, not necessarily. As you can imagine, an attorney does not know everything there is to know about every medical procedure. During your initial call, you will be asked a series of questions about your procedure and your injuries as a result of the procedure. You might even be asked to meet with the attorney to discuss your claim, but not always. After the initial interview, the attorney will review the information, do some research, and decide whether or not there is a malpractice claim. It is true that sometimes an attorney can decide the same day whether or not you have a claim. However, oftentimes the attorney may need additional information, and might request your medical records to review. It is to your advantage to contact an attorney with a medical background, who might be able to answer your questions more efficiently than an attorney with limited experience. 4. How much should I expect to pay an attorney to represent me in a medical malpractice case? At Gold, Khourey & Turak, we operate our practice on a contingency fee basis. This means that any fees we collect from you are based on a pre-agreed upon percentage of the settlement or verdict we receive for your claim. The percentage we charge is 40%, plus any costs incurred to litigate or settle your claim. We have known other attorneys to charge as much as 50% plus costs, and the percentage increases depending on whether or not the case goes to trial. We do not operate that way. In addition, we advance all the costs of handling your claim. You pay us nothing until we resolve your case. 5. What does medical malpractice mean? In general, medical malpractice is used to describe the lack of treatment, mistreatment, or the deviation from the accepted standards of medical care on behalf of the health care provider that causes harm to a patient. This could include but is not limited to failure to treat, improper treatment, misdiagnosis, prescription errors, as well as other situations. An attorney can help you determine whether medical malpractice has occurred. 6. When I sign a consent form, have I waved my rights to pursue a claim? No. A typical consent form indicates that you have been informed of the complications that might arise from a given procedure or treatment. It does not give the health care provider the authority to commit malpractice, or relieve them from his or her duty of meeting the standard of care associated. 7. Who can be held accountable for medical malpractice? A medical malpractice claim can be brought against those who provide medical or health care to a patient. This often includes physicians, registered nurses, hospitals, nursing homes, pharmacists, and even dentists. Claims may be brought against partners, individuals, corporations, and associations. 8. What must be shown in order to successfully pursue a medical malpractice case? Generally, the following must be proved to be successful. 1. The health care provider owed a duty to the patient If the breach of duty results in no harm to the patient, a claimant generally has no right to recovery. 9. How do I know if I have a potential medical malpractice case? You may not know you have a case until you speak with an attorney. Each case is different and has its own set of facts. The facts of the case are used to determine the merits of your claim. First, a medical review is conducted to see if the medical professionals in question acted in such a manner that they failed to meet the appropriate standard of care for your situation. If medical malpractice is found to exist, an evaluation of the claim from a legal perspective must be performed. Attorneys will consider the statute of limitations, the potential for recovery, the amount that might be expected if a judgment is obtained, and much more. Given the complexity of medical and legal issues, this analysis takes some time to conduct. Anyone who suspects that medical malpractice has been committed should contact an attorney immediately to get the process started. 10. Why do attorneys turn down malpractice cases, even when malpractice has occurred? Examples of when an attorney might turn down a malpractice case may include:
You cannot sue a doctor for what “could have” happened, only for what has occurred. Since you suffered no injuries you cannot bring a claim for negligence. 12. Why do I have to have an expert establish that the malpractice resulted in my injury? In any type of case, your attorney should always prepare as if the case was going to trial. In order to prevail in court in a medical malpractice case, you must prove that the standard of care was not followed. Courts recognize certain experts with having the experience, training, and understanding of the level of care associated with a particular medical procedure as being able to testify to the degree of the level of care provided. Attorneys experienced in medical malpractice cases have access to a listing of medical professionals that are recognized as experts by the courts. 13. If I settle a case, then have additional problems down the road, am I able to reopen the case and pursue a claim for those injuries? In general, once a case has been settled, you cannot reopen the case. Typically, as part of the settlement agreement, you will sign a release stating that you will no longer pursue a claim based on the same incident. That’s why it is extremely important for victims in any case to make a full recovery, or as much as a full recovery as possible, before entertaining a settlement offer. Failure to do so may put the victim in financial trouble in the future. While your attorney will discuss with you in detail the options before agreeing to settle, the final decision is always yours. If there is a question you have that you don't see here, please use our FAQ form to send your question. |