The Medical Malpractice Resource

How Do I Sue My Doctor?

2009-06-22T22:35:00.000-07:00

One of the most frustrating times in a person's life may be when they have been injured by her own doctor--the person who is responsible for her health and well-being. If you fall in that category, you may be wondering what you can do about it? What can you do to be compensated for your pain? How do you go about making sure the doctor fixes his mistakes?

You should gather all medical records in your possession. Write down a chronology of events that happened. Describe the medical procedure you were undergoing when the malpractice occurred. Write down everything the doctors and/or nurses said. Write down everything you said and every question you asked. Write down every bit of information you provided to your hospital or health care provider. Do all of this sooner rather than later. So much of a medical malpractice lawsuit is the records and facts you have to prove something went wrong. If you wait, you may end up forgetting the details.

You should also see a medical malpractice lawyer. The lawyer will tell you what kinds of questions you should be answering in your written statements. These statements can be important because they may give clues to your lawyer as to what evidence he should be looking for once you file your medical malpractice claim. Your statements will also tell your lawyer why he is filing the lawsuit and what you hope to recover.

The initial procedures involved in suing your doctor may differ from state to state. A knowledgeable medical malpractice attorney will be able to walk you through the process step by step. An experienced medical malpractice lawyer will also serve as your representative, an intermediary between you and your doctor, hospital or their insurance carrier. That can be an important factor in your physical and mental recovery, on the path to full health.

What Do I Need to Know for My Medical Malpractice Case?

2009-06-15T20:06:00.000-07:00

If you have been harmed or injured by your health care provider, you may be thinking about filing a medical malpractice case. Before you file a medical malpractice lawsuit, you will have already done some initial investigation and fact gathering. Once you have actually filed is when some serious work begins.

To win your medical malpractice case, you will need to have as much information about your doctor or hospital as you can possibly have. You need to make sure all questions are asked and answered. The way you obtain information from your doctor, surgeon, hospital, or any other health care provider is by using what lawyers call medical malpractice interrogatories.

An interrogatory is a list of questions that you want someone to answer. Your list of interrogatory questions will need to be extremely thorough. Some questions you (or your lawyer, actually) might ask are: your doctor's educational background and medical background, whether your doctor has ever been sued for medical malpractice in the past, whether your doctor has ever testified as an expert in a medical malpractice lawsuit and if so on what topic did he testify, how long your doctor had been working with his team members if he was working in a team, a list of witnesses to the care he provided you, an account of his experience conducting the type of procedure he conducted on you, etc.

Of course, there are many other questions you may need to ask your doctor. An experienced medical malpractice attorney will know questions to include in the medical malpractice interrogatories. You should contact a knowledgeable medical malpractice lawyer as soon as possible to give yourself the best chance at winning your medical malpractice lawsuit.

What Can I Do If My Doctor Diagnosed Me Too Late?

2009-06-08T20:42:00.000-07:00

If you're like many people, you may have experienced a time of great stress, where you felt pain and discomfort but did not know why. You went to your doctor and to specialists who were unable to help you because they did not know what the problem was and did not know how to cure you. This only made you even more frustrated and added to your mental and emotional anguish, on top of all of your physical ailments. Then, when the doctors finally discovered your health problem, it was too late because you had already experienced too much grief. Or perhaps it was too late because your illness had progressed to a point where the doctors would be unable to make you whole again.

You may be wondering what caused the doctor's delayed diagnosis. Why had the doctors not been able to diagnose my problem earlier, on time? Did the doctors mess up? Was there something they could have done...should have done...to find out what was wrong with me when they had a chance to avoid the pain I'm experiencing now?

The only way to get the answers to these and many other questions you might have is to obtain it from doctors themselves. You need to launch an investigation to gather the information that will provide you with the answers.

To best way to find the answers is to have a lawyer do it for you. A medical malpractice lawyer will know the right questions to ask to obtain the information. How long did it take for the primary physician to refer you to a specialist? Did the specialist have all the information she needed to make a proper analysis? Was there some test the doctors skipped that would have given them the answer early on? All these questions relate to the historical facts. They are the "What happened?" questions.

Once your lawyer gets these factual questions answered, the next step is to find out what should have happened. To get answers to these questions, a lawyer needs to speak with an expert in the specific medical field to which your ailment relates. If your late medical diagnosis related to podiatry, then your lawyer may need to speak with an expert and experienced podiatrist. Or he may need to speak to a phlebotomist, neurosurgeon, or dermatologist. Only an expert can tell you whether or not your doctor actually acted appropriately, or if your doctor did in fact screw up, and that screw up led to your delayed diagnosis.

Delayed diagnosis is a form of medical malpractice. If you are concerned that you be suffering from medical malpractice, you should speak with a knowledgeable medical malpractice attorney right away. You deserve to have your questions answered.

When Is It Too Late to Sue for Medical Malpractice in Oregon?

2009-05-28T20:58:00.000-07:00

Every state has a statute of limitations that applies to professional malpractice lawsuits. Medical malpractice claims are included in professional malpractice. A statute of limitations is a law that limits the amount of time an individual has to take someone else to court.

As with many other states, in Oregon the statute of limitations for medical malpractice claims is two years. This law can be found in section 12.110(4) of the Oregon Codes. This time limitation applies to medical, surgical, and dental care providers. It also applies in situations where injury caused by the health care providers is an act of commission or an act of omission.

The two years starts on the date the injury was discovered or on the date when the injury should have been discovered were the patient exercising reasonable care. The difficult part about bringing medical malpractice lawsuits in Oregon is that the lawsuits shall not be brought if more than 5 years has passed since the date of the medical professional's errors. This means that the patient must become aware of the injury within 3 years. That may not be much time for some types of injuries. There are a few exceptions to this 5 year rule, but they are limited.

If you feel you may have suffered or may be suffering from medical malpractice, you now know that you have a limited amount of time in which you can sue your medical provider. You should speak with a knowledgeable and experienced medical malpractice attorney right away. A quality medical malpractice lawyer will be able to advise you on the best course of action you should take.

How Long After My Injury Can I Sue for Medical Malpractice in Texas?

2009-05-19T20:57:00.000-07:00

When it comes to medical malpractice lawsuits, every state has a code section in their statutes called a "statute of limitations." The statute of limitations refers to the period of time in which a patient has to file a lawsuit after becoming the victim of medical malpractice. Once that time period passes, the patient is barred from filing a lawsuit.

In Texas, the statute of limitations is two years from the date of the negligent act or from the date of the completion of treatment. The statute is found in Texas Civil Practice and Remedies Code § 74.251.

The same code section informs us that, at the very latest, a medical malpractice lawsuit must be brought within 10 years of the negligent act. This news may be troublesome to some. If you were think you were harmed by your doctor's negligence, but you didn't find out about what your doctor did until 11 years after the fact, does that mean that you can't file a lawsuit? Not necessarily. The reason is because courts could potentially say that the law is unconstitutional and that you must be given the opportunity to sue your doctor.

Of course, in order to prevail in a situation like that, you would need to have a highly determined lawyer in Texas who knows the law well and has the experience to defend your rights. If you feel like you need to talk to a knowledgeable Texas medical malpractice attorney, find one by clicking on Texas to the left.

How to Recover in Texas if Your Doctor Failed to Disclose Risks

2009-05-05T21:43:00.000-07:00

There are many reasons why a patient may consider filing a medical malpractice lawsuit against her doctor. One example involves a situation where the doctor fails to disclose to the patient certain risks or hazards that accompany medical care or surgical procedures.

In Texas, in order to recovery damages (money) from a physician who fails to disclose risks of an operation, you must prove that the risks he forgot to mention were the kinds of risks that a reasonable person would consider when deciding whether or not to go through with the medical treatment. This is the law as stated in the Texas Civil Practice & Remedies Code section 74.101.

A doctor is usually required to obtain a patient's informed consent before proceeding to treatment. In other words, it is not enough for the doctor to simply obtain your consent, he must first inform you of all the risks associated with the treatment he offers.

At the same time, your doctor can fail to inform you of certain risks without being negligent. For example, let's say your doctor recommended that you have surgery on your ear and he tells you all the risks associated with the surgery, but he fails to mention that the surgery may give you headaches for a few days afterwards. Is that negligence? Probably not because most people won't let a few days of headaches deter them from getting surgery. Most people will expect to have headaches afterward. One way to think about it is your doctor must tell you all the important risks associated with the treatment.

If you think your doctor treated you without first informing you of an important risk, you should speak with an experienced medical malpractice attorney right away. The more you delay speaking with an attorney, the less chance you have of enforcing your rights. To find a competent and knowledgeable medical malpractice attorney near you, click on your state on the left side of your screen.

When a Doctor Removes the Wrong Ovary, That's Reason to Sue

2009-04-12T21:38:00.000-07:00

Medical malpractice lawsuits are disfavored by the California legislature, and by every legislature. They are disfavored by doctors. They are disfavored by insurers. But they are necessary if justice to reign in this country.

A woman recently filed a medical malpractice lawsuit in Marin Superior court against her gynecologist. The woman claims that she underwent surgery so that her doctor could take out her right ovary and Fallopian tube because of a risk of rupture or cancer. The problem? The left ovary was taken out. The left ovary was apparently perfectly fine. Is this a good reason to sue a gynecologist? Yes. Read the full story here.

If you or a loved one feels that you have suffered at the hands of your doctor, or that your surgeon, gynecologist, or other health care provider has made a serious error when caring for you, you should speak with a medical malpractice attorney as soon as possible. Justice must reign in this country. On the left side of your screen you can find an experienced and knowledgeable medical malpractice lawyer who practices in your state.

In Florida, What Work Must I Perform Before Filing a Medical Malpractice Lawsuit?

2009-04-10T21:51:00.000-07:00

Some patients who feel they have been wronged or injured by their doctors or other health care providers fail to do anything about it in a timely manner. They wait for some time before they finally decide to speak with a medical malpractice attorney. This is unwise, for many reasons, one of which will be discussed here.

In Florida, before your attorney filed a medical malpractice lawsuit for you against your health care provider, the lawyer is required by state law to do some investigatory work. Florida's Title XLV, section 766.104(1) tells lawyers that they have to make "a reasonable investigation as permitted by the circumstances that there are grounds for a good faith belief that there has been negligence in the care or treatment..." before they are allowed to file the lawsuit for harmed patients.

Patients who wait to talk to a Florida medical malpractice attorney do their future attorney a disservice because the investigation that has to take place should happen as soon after the doctor's negligence as possible. Photos need to be taken, reports need to be read, witnesses need to be spoken with before their memories fade, etc., etc. All this is harder for you and your lawyer to do the longer you wait. So, if you have been thinking, "What do I have to do before I sue my doctor?", now you know.

Don't delay. If you or a loved one feel like you may have a legal claim against your doctor or other medical professional, please speak with an experienced and knowledgeable medical malpractice attorney in Florida. You can find a top quality lawyer in Florida by clicking here.

Can I Sue My Optometrist for Malpractice in Texas?

2009-04-10T21:31:00.000-07:00

The general public is familiar with the term "medical malpractice." However, when most people think of medical malpractice, they typically think of doctors in hospitals. Maybe they think of surgeons.

Medical doctors are not the only people that you can sue for medical malpractice in Texas. Generally speaking, a medical malpractice lawsuit in Texas is against a "health care provider." The term "health care provider" is defined in the Texas statute called Civil Practice and Remedies Code, section 74.001(a)(12). It includes registered nurse, dentists, podiatrists, pharmacists, chiropractors, optometrists, and even the health care institution itself. In fact, the definition of "health care provider" is even more broad than that, too broad to include it all here.

If you or a loved one are concerned that you have been harmed by someone who supposed to help you improve your health or physical well-being, you may be surprised to learn that you bring a medical malpractice case against that individual. If you are unsure, you should always consult with an experienced and knowledgeable Texas medical malpractice lawyer. To find a top quality medical malpractice attorney in Texas, click here.

Is There a Cap to How Much Money I Can Receive for My Alabama Medical Malpractice Case?

2009-04-08T21:39:00.001-07:00

In the vast majority of states, the various legislatures have decided to enact laws that limit the amount of damages, or money, a victim of medical malpractice can recover from a health care provider. In some states the cap is at $500,000 for certain types of damages. In others, it is at $250,000.

In Alabama, the legislature tried to cap non-economic medical malpractice awards at $400,000. See Alabama Code 6-5-544 subsection (b). Fortunately, Alabama is one of the states in which the courts have decided that these statutes are unconstitutional. Anytime a law conflicts with a state constitution, the law may not be given effect. This is because a state constitution is the highest law in any given state.

To learn how Alabama's statutes and the courts decisions affect you and your case, you need to speak with a medical malpractice lawyer familiar with Alabama's laws and procedures. An experienced and knowledgeable attorney will be your best guide to making the laws work for you rather than against you. To find a top quality Alabama medical malpractice lawyer, click here.

In Alabama, Can I Sue My Doctor and the Hospital?

2009-04-04T21:48:00.001-07:00

Anytime a patient has suffered at the hands of a medical professional, there is a possibility that a medical malpractice lawsuit may result. One of the many questions that arises is whether or not the patient can sue the hospital in addition to the health care professional that actually made the error.

In law, we use the term respondeat superior when referring to the idea that an employer is responsible for the damages caused by its employees. In Alabama, a hospital cannot generally be held responsible for the mistakes made by health care practitioners that are not employees or agents of the hospital.

We use another legal term, corporate liability, to describe a situation where a corporation should be held responsible for the wrongs caused by its staff if the corporation failed to properly monitor or supervise its staff, or if the corporation simply staffed individuals that were incompetent or unfit. While one may sue a hospital in an Alabama medical malpractice case based on the theory of corporate liability, one must have an excellent medical malpractice attorney to actually be successful in the end.

Because the laws of medical malpractice differ in each state, if you're thinking of hiring a medical malpractice lawyer, you should seriously consider hiring one who works in your state, near you. Of course, make sure the lawyer you hire is experienced and knowledgeable to increase your chances of success. To find an excellent Alabama medical malpractice lawyer near you, click here.

Add Your Law Firm to the Directory

2009-04-04T09:18:00.000-07:00

Would you like to have your law firm listed in our directory? To find out more about advertising opportunities at The Medical Malpractice Resource, see our Ghost Blawger website.

How Much Money Should I Sue My Alabama Doctor For?

2009-04-02T22:12:00.000-07:00

Finding out that the individual you trusted with your health and physical well-being actually ended up hurting you is a hard thing to take. It is an extremely difficult time to go through when you suffer at the hands of your medical doctor. Whether it be because your doctor misdiagnosed you or she did not recognize the symptoms or any other reason, it is sometimes hard to forgive your doctor. But mostly it is just hard to recover and get past the pain.

You may be thinking you want to sue your doctor for everything she's worth. Or you may be thinking that everyone makes mistakes. Either way, you can hold your doctor responsible for her mistake. You can file a medical malpractice claim. The question that comes to your mind next is, "How much should I ask for?"

When you file a medical malpractice lawsuit in Alabama, you will file a "complaint." A complaint in other types of lawsuits will have what lawyers call an "ad damnum clause." An "ad damnum clause" is the part of the complaint where you tell the court how much money you think you should be paid. However, in Alabama, you don't include "ad damnum" clauses in medical malpractice cases per the Civil Code. Instead, you make a general claim for relief. You can, however, ask the jury in trial to award a certain amount of money.

Knowing the specific laws in Alabama that apply to medical malpractice cases is crucial to winning your case. Knowing how to make the laws work to your advantage can be the difference between receiving more than sufficient money or no monetary compensation at all. That is why if you are considering filing a lawsuit in Alabama against your doctor, you should talk to an Alabama medical malpractice attorney. To find a lawyer that can help you, click on your state to the left side of your screen.

How Do I Know Who I Should Sue for Medical Malpractice in Alabama?

2009-03-29T21:54:00.000-07:00

Sometimes patients are injured because multiple people made mistakes. Maybe it wasn't just the doctor, it was also the nurse. Maybe both the obstetrician and the anesthesiologist committed errors that contributed to your injury. What if your dentist made a mistake that made your gums bleed and the doctor who tried to stop the bleeding didn't take the correct actions to treat you. Who do you sue?

In Alabama, you sue everyone who contributed to your injury. In Alabama, where two or more people combine to cause you to suffer, each of those individuals may be held responsible for the entire injury. Not only that, but each of them is also responsible for paying the entire judgment. This is because each person who caused you harm--the legal term for that person is a "tortfeasor"-- is jointly and severally liable for the harm. The law in Alabama follows the principle of joint and several liability.

This is important because if you learn that one person who acted negligently has no money, but another person who also acted negligently and contributed to your loss has sufficient money to compensate you, then you want to be sure to include the well-financed individual in your lawsuit.

An Alabama medical malpractice lawyer knows who to sue to give you the best chance of winning your claim. Your attorney will take the time and make the effort to make sure every individual responsible for your injury is held responsible. To make sure you have an attorney who knows the law and specializes in medical malpractice cases in Alabama, click on the state to your left, then choose a lawyer that suits your needs.

Can I Win My Alabama Medical Malpractice Case Even If I'm Partly at Fault?

2009-03-21T10:35:00.000-07:00

In medical malpractice cases, some of the patient's injuries are caused by negligence or mistakes on the part of the doctor. However, there are times when the patient acted in a way that also contributed to his own injuries on top of the doctor's improper actions. In other words, both the doctor and the patient made bad moves that harmed the patient.

In Alabama, if a patient contributes to his own suffering, he may not be able to recover any money from his doctor, even if his doctor was negligent. This is the law of contributory negligence, as confirmed by the Alabama courts in 1993. This means that if you contribute to your injuries, you are completely barred from winning your case.

To give yourself the best shot at winning your medical malpractice case, you should speak with an Alabama medical malpractice attorney as soon as you think your health care provider may have acted negligently or unreasonably. The longer you wait to talk to a lawyer or file a law suit, the greater chance there is that you will contribute to your own harm.

The attorneys in this directory are experienced medical malpractice lawyers. To find an attorney near you, click on your state on the left side of your screen.

When Is It Too Late to Sue for Medical Malpractice in Alabama?

2009-03-20T23:05:00.000-07:00

Deciding to file a medical malpractice lawsuit is a difficult decision. The decision must be made in a very emotional and confusing time. At the same time, it is a decision that must be dealt with. If you wait too long, the decision may be made for you because it may be too late to file the lawsuit.

In Alabama, all lawsuits against health care providers must be commenced within two years of the negligent act that caused the lawsuit. This is the law in Alabama according to Alabama Code section 6-5-482. On the other hand, the same code section provides that if you did not discover that your doctor was negligent until two years after it happened, or if you could not reasonably have discovered that fact within two years, then you can bring a lawsuit against your doctor within six months from the date you discovered the doctor's error or six months from the date you should have realized your doctor made a mistake that harmed you.

Commonly, victims of a health provider's negligence do not find out about the harm until years after it actually happened. In those situations, six months is shorter than you may think. Frequently, deciding to file a lawsuit is a family affair. Some people are hesitant to sue their doctors because they like their doctors and, after all, people make mistakes.

Your best option is to first speak with an experienced and knowledgeable medical malpractice lawyer in your area. Your lawyer can give you advice and make sure that you make your decision within the time limits. To find a first class Alabama medical malpractice lawyer, click on the state on the left side of your screen.

If I Win My California Medical Malpractice Case, How Will I Be Paid?

2009-03-19T22:51:00.000-07:00

If you win your medical malpractice lawsuit against your doctor or other health care provider, you will expect to receive compensation for your various types of losses. You can either be paid up front in one lump sum, or you can be paid in a series of payments. In California, Code of Civil Procedure section 667.7(a) allows either party to request that the money for future damages be made by periodic payments if the award is of at least $50,000.

The payment of those periodic installments would become a court order. That means that if you were not paid for a one of those installments, you could go back to court and ask the court to hold the other party in contempt.

For compensation for loss of future earnings, the court can even order that your heirs receive the payments after you pass on.

Because your case could potentially affect your children or grandchildren, and, of course, that it can have a huge impact on the rest of your life, you need to make sure your case rests in the hands of a medical malpractice lawyer you trust--someone who is knowledgeable and will make sure you get everything you are entitled to. To find a quality medical malpractice attorney in your area, click on your state on the left side of your screen.

How Much Will I Have to Pay My California Medical Malpractice Attorney?

2009-03-18T20:32:00.000-07:00

Victims of medical malpractice are sometimes hesitant to talk to a lawyer about their situation because they are afraid they will not have the money to pay the lawyer. How much does the medical malpractice lawyer charge? When will I have to pay the attorney? Can I work out a payment plan to pay my lawyer? These are all valid questions, and here are the answers.

Most medical malpractice attorneys in California do not charge for the initial consultation with their potential client. So, you will not likely have to pay the lawyer anything at all to talk to a lawyer about your case. Also, most California medical malpractice lawyers do not charge any money at all up front. They do not charge you by the hour, and they do not require that you put any money in trust to start the case.

Instead, California medical malpractice attorneys charge a contingent fee. This means that you only have to pay the lawyer if you win your case. Then, most lawyers will charge 40% of the first $50,000 you receive in damages, 33 1/3% of the next $50,000 in damages, 25% of the next $500,000, and 15% of any amount that exceeds $600,000. This breakdown of percentages is all pursuant to California law in California's Business and Professions Code section 6146(a). That same code section tells us that these fee caps apply "whether the recovery is by settlement, arbitration, or judgment."

Commonly, if you win your medical malpractice case, you will receive your compensation payments over time rather than in one lump sum payment. In that case, the court will determine the total value of the payments and then calculate the attorney's fees. That is also required by law, in California's Business and Professions Code section 6146(b).

If you or a loved one have suffered at the hands of a health care professional, you should speak to a medical malpractice attorney as soon as possible. A quality lawyer will be able to answer other questions you might have. To find a top-quality lawyer near you, click on the state on the left side of your screen.

How Much Money Can I Get In My California Medical Malpractice Lawsuit?

2009-03-17T21:51:00.000-07:00

The purpose of a medical malpractice lawsuit is to compensate the victim of a health professional's negligence. Unfortunately, the only way the legal system knows how to compensate someone is by giving them money. The question then becomes, how much is a person's right arm worth? How much is an additional year of suffering worth? How much is a misdiagnosis worth? How much is someone's life worth?

Theoretically, a victim can be compensated for all of his or her medical expenses. However, in many states, including California, the law places a cap on how much money a victim of medical malpractice can recover for certain types of damages, namely noneconomic damages. Noneconomic damages, as defined in California Civil Code section 3333.2(a), include pain, suffering, inconvenience, physical impairment, disfigurement and other nonpecuniary damage.

According to California Civil Code section 3333.2(b), the most you can get for noneconomic damages is $250,000. This means that you have to make sure you are fairly and appropriately compensated for your economic damages.

When you are considering bringing a medical malpractice lawsuit against your health care provider, you need to make sure you hire a lawyer who knows how to maximize both your economic and noneconomic damages. Otherwise, you risk putting yourself in a situation where you were under-compensated for your loss. To find a qualified medical malpractice attorney near you, click on your state on the left side of your screen.

How Do I Win My Medical Malpractice Case Against My Doctor?

2009-03-16T21:55:00.000-07:00

In order to win your medical malpractice case against your doctor, you must prove that your doctor was negligent. In order to show that your doctor was negligent, you must prove two things.

First, you need to prove that, in a given situation, every doctor is supposed to act in a certain way. For example, if you want to sue your doctor because you told him you were allergic to a certain medication, and he gave you the medication anyway, then you need to prove that every doctor should know not to give a patient medication that she's allergic to. In essence, what you have to prove is that there is a specific standard that every doctor must measure up to.

Second, you need to prove that your doctor failed to perform well enough to measure up to the standard applicable in your scenario.

The only way to prove these two things is to hire a qualified and well-respected medical expert. You need an expert witness to explain to the jury how it was your doctor messed up. In fact, in many states, including California, you absolutely need an expert witness in order to win your case. Here's an example of one source of medical experts. Here's another example.

Knowing that you will need an expert witness to win your case, you should also realize that you need a lawyer who knows the best medical experts. There are many types of experts out there and not all experts are created equally. You want to make sure your expert is better than the expert your doctor is going to have testify.

You need a lawyer who is familiar with the best medical experts in your area. That plays a big role in winning your medical malpractice case. To find a medical malpractice lawyer near you, look for your state on the left side of your computer screen.

Who Can I Sue for Medical Malpractice in California?

2009-03-09T18:47:00.000-07:00

When you visit a doctor's office, any number of things can go wrong. Depending on the reason for your visit, you may be seen by a nurse, a doctor, a specialist, and even clerical staff. If, after your visit, you discover that something very wrong happened to you as a result of the care you received during your doctor visit. Any one of the people involved in your visit may have played a role in your medical problems. Their supervisors or even the hospital may be attributed with some responsibility for your medical problems.

It is extremely difficult to determine at the outset exactly what went wrong. Commonly, more than one individual or organization will have been at least partly at fault for the harms you are suffering. For this reason, California has a law called "joint and several liability." This means that you can sue each and every party that was even partly responsible for your suffering, and that each of those parties are responsible to compensate you to the fullest extent of your economic damages. Another way of putting it is that each of those people are responsible individually and as a group for compensating you for your losses.

If you feel you have suffered at the hands of a doctor or any medical staff in California, you should immediately contact a California medical malpractice lawyer. Your lawyer will be able to give you a better idea of who you can sue to recover for your losses. Click on the California link to your left to find a qualified and experienced medical malpractice lawyer in California.

Can I Still Sue My Doctor Even If I'm Partly at Fault?

2009-03-08T20:33:00.000-07:00

There are some situations that arise where a patient feels that her doctor made a mistake that caused her harm and she wants to sue her doctor. But at the same time, she feels that she was partly to blame for her doctor's errors. If you are feeling like this, you may be wondering, "Can I still sue my doctor, even if I am partly at fault?" The answer is yes.

Let's use an example. Let's say you live in California and your doctor prescribed you with medication to which you are allergic without asking you if you were allergic to it. That might be negligence on the part of your doctor. However, if you knew you were allergic to the drug, and you knew the doctor prescribed you the drug, yet you failed to tell your doctor and you took the medication anyway, then you might be negligent as well. So if you take the medication and that results in harmful symptoms, who is to blame, you or your doctor? You could say you were both at fault.

Does this mean you cannot sue your doctor? You can sue your doctor, but your monetary recovery will be reduced because you were partly at fault. A jury might decide that your doctor was 60% at fault and that you were 40% at fault. If they determine that your overall harm totaled $100,000, then your doctor would owe you $60,000. You would be responsible for the other $40,000.

Lawyers call this principle comparative negligence because the jury must compare the extent of the negligence of the various parties and apportion liability accordingly. In California, comparative negligence is used in medical malpractice cases. Not all states use comparative negligence. Speak to a lawyer near you to learn more about the medical malpractice law in your state.

If you feel like your doctor made a mistake that has caused you harm, you need to speak to a lawyer who specializes in medical malpractice in your local area, and you need to do so immediately. You can find a qualified California medical malpractice lawyer by clicking the California link on the left side of your screen.

Is it Too Late to Sue My Doctor in California?

2009-03-02T08:25:00.000-08:00

Many patients do not find out that they have been injured by their doctor's negligence until many months after the fact. Sometimes symptoms do not reveal themselves until much later. Other times patients think the symptoms they feel are as a result of normal therapy or normal surgery recovery. Many patients convince themselves that the headaches will go away, or the swelling will stop soon, or the pain is caused by something else. All too often, patients will not even go back to their doctor to find out what is going on with their body.

The risk of not getting your symptoms looked into is great. You must find out as soon as possible whether your doctor's negligence caused you harm. If you wait too long, your physical well being could be at jeopardy. In addition to that, you may lose your chance at monetary compensation for your suffering.

In California, Code of Civil Procedure section 340.5, tells us that a lawsuit against a health care provider for medical malpractice must be brought within three years of the date of the injury or within one year the patient discovered or should have discovered the injury. This places the onus on the patient to learn about the injury and the negligence before the time to file a lawsuit runs out. This time to file a lawsuit is called a "statute of limitations." Once the statute of limitations runs out, many patients are left without any recourse against their health provider. They are simply out of luck.

If you think you may have suffered from a physician's errors, you should speak with a qualified medical malpractice attorney near you. Your qualified attorney can point you in the right direction and help you decide whether or not you can and should file a lawsuit against. Click on your state on the left side of your screen to find a medical malpractice lawyer near you.

Injured Patients Can Breathe Easier

2009-02-28T22:10:00.000-08:00

In Hawai'i, lawmakers were considering placing a cap on the amount of monetary compensation injured patients could receive after being injured due to the negligence of their doctors. The lawmakers were unable to make a decision on the medical malpractice law reforms, and will discuss the issue another day.

One of the main issues is how much patients should receive for noneconomic damages. Noneconomic damages include the emotional pains, stress, depression, loss of hope, suffering, etc. These types of suffering can leave scars that are just as deep as physical scars. Yet, doctors would like very much not to have to pay for those types of consequences when they make mistakes. Read more about the story here.

If you were injured by your doctor's carelessness, you deserve to be compensated. You did nothing to earn the emotional and financial burden that has been placed on you. If you feel like it's time you spoke to a lawyer about your medical malpractice injury, use the state directory at the left of your screen to find a lawyer near you.

Debate Over Medical Malpractice Lawsuits in West Virginia Thickens

2009-02-28T21:45:00.000-08:00

West Virginia law has a reputation to favor businesses and doctors over those who have suffered at the hands of hospitals and doctors. The state's Medical Professional Liability Act plays a big part in that reputation. The law limits how much money a victim of medical malpractice can recover for certain pains and losses. The law also requires that another physician support a claim of medical malpractice before an injured person can actually file a lawsuit against his or her hospital or doctor. For more on the story, please click here.

Examples such as that given above are all too common. Because of the strictness of the law, that means it is even more important for those who have been injured by their doctors' mistakes to seek representation of an aggressive medical malpractice attorney. Because the laws of the various states are different when it comes to malpractice, it is absolutely crucial to hire a lawyer near you. To find a lawyer near you, check out our directory on the left side of your screen.