Filing a Medical Malpractice Lawsuit
Filing a Medical Malpractice Lawsuit
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How Do I File a Medical Malpractice Claim?
Many states have placed procedural hurdles in the paths of medical malpractice plaintiffs, to ensure their claims are valid.
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Key considerations before filing a medical malpractice lawsuit against your doctor.
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Medical Malpractice Injury Lawsuits Against Hospitals & Doctors
Lawsuits for medical negligence are some of the most complicated in personal injury law. Learn the basics of a medical malpractice claim here.
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How to Report a Doctor or Hospital for Malpractice
If your doctor or hospital is not performing up to the medical standard, you can report it to a regulatory board. If the negligence lead to an injury, you may have a legal claim.
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How to Sue a Hospital for Malpractice
Here's what you'll need to do to bring a medical malpractice lawsuit against a hospital.
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Medical Malpractice Claims Against a Federal Hospital
When the hospital in question is run by the federal government - like a VA hospital - the Federal Tort Claims Act (FTCA) may come into play.
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When It's Medical Malpractice—and When It Isn't
A negative treatment outcome doesn't mean your health care provider has committed medical malpractice.
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Challenges of Winning a Medical Malpractice Lawsuit
Complex medical evidence and juror bias toward doctors and hospitals make medical malpractice cases tough to win.
Proving Your Medical Malpractice Case
Proving Your Medical Malpractice Case
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Proving Hospital Negligence in a Medical Malpractice Case
In some cases, the hospital may be held liable for injuries to a patient in a medical malpractice case.
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How an Expert Medical Witness Shows Negligence
Medical expert testimony is usually necessary to prove negligence in a medical malpractice case, and some states require it.
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Medical Malpractice: What You Need to Prove
How a medical malpractice plaintiff establishes a health care provider's liability for a mistake in the treatment setting.
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Certificate of Merit Requirement in a Medical Malpractice Case
Plaintiffs may need to file an expert witness's sworn statement on the merits of their claim before they can proceed with the lawsuit.
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"Discovery" of Medical Malpractice and the Statute of Limitations
When it comes to the filing deadline for medical malpractice lawsuits, the statute of limitations "clock" doesn't always start on the day of the medical error.
Patient Abandonment
Patient Abandonment
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Medical Abandonment and a Physician's Responsibility
What responsibilities does a doctor have to continue treating a patient, and what happens when he or she fails to do so?
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Is It Negligent For a Doctor to Abandon a Patient?
When a patient is harmed by a doctor's cessation of treatment - commonly called "patient abandonment', or "medical abandonment" - a malpractice case may result.
Misdiagnosis and Delays in Treatment
Misdiagnosis and Delays in Treatment
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Medical Malpractice: Misdiagnosis and Failure to Diagnose
Errors or omissions at the diagnostic stage are at the heart of a large portion of medical malpractice cases. Here's an introduction.
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Can a Doctor Be Sued for Delaying Treatment?
A physician (or any health care professional) might be liable for medical malpractice if a delay in treatment or diagnosis causes harm, but proving your case can be difficult.
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Can You Sue the Doctor Who Misdiagnosed You?
If a doctor gave you the wrong diagnosis and your condition got worse, you may have a valid medical malpractice claim.
Questions About Filing Medical Malpractice Lawsuits
Questions About Filing Medical Malpractice Lawsuits
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Can Lack of Patient Consent Mean Medical Malpractice?
When a patient's injury relates to a lack of "informed consent," a doctor or hospital might be liable for medical malpractice.
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Should You Sue Your Doctor for Malpractice?
Before you lawyer up and head off to court, be sure you have a well-founded case and you're prepared for a potentially long, uphill battle.
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Can an Uninsured Patient Be Denied Emergency Treatment?
If you don't have health insurance, the hospital probably still needs to give you emergency care, and failure to do so can equal medical malpractice.
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Can You Sue a Hospital for Medication Errors?
Mistakes in prescribing or administering medication can lead to a lawsuit, but it's not easy to prove.
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Discharged from Hospital Too Early: Medical Malpractice?
If your condition got worse because you were sent home too soon, that could equate to medical malpractice.
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What is the "Standard of Care" in a Medical Malpractice Case?
A health care professional's deviation from the "standard of care" can lead to a medical malpractice lawsuit.
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What is "Pain and Suffering" in a Medical Malpractice Case?
"Pain and suffering" is often the largest component of an injured patient's damages in a medical malpractice case.
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When It's Medical Malpractice—and When It Isn't
A negative treatment outcome doesn't mean your health care provider has committed medical malpractice.
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The Trial Process in a Medical Malpractice Lawsuit
An overview of each stage in a typical medical malpractice lawsuit.
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What is the Statute of Limitations for Medical Malpractice Lawsuits?
Learn about the four different ways the "statute of limitations" might come into play in a medical malpractice case.
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Timeline of a Medical Malpractice Lawsuit
Start here to get a detailed picture of the key steps in a typical medical malpractice case.
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A Doctor's Liability for Mistakes: Accident, Error, or Gross Negligence?
Medical malpractice cases almost always hinge on negligence. Here we discuss the varying degrees of fault as it relates to medical mistakes.
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Hospital Liability for Staff/Employee Errors
Hospital administration's negligence might prompt a lawsuit, and the facility might be liable for treatment mistakes made by employees.
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Liability in Malpractice Lawsuits Involving EMTs and Paramedics
Who is on the hook when a patient sues for medical malpractice involving the emergency responders?
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Medical Malpractice Injury Lawsuits Against Hospitals & Doctors
Lawsuits for medical negligence are some of the most complicated in personal injury law. Learn the basics of a medical malpractice claim here.
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How to Report a Doctor or Hospital for Malpractice
If your doctor or hospital is not performing up to the medical standard, you can report it to a regulatory board. If the negligence lead to an injury, you may have a legal claim.
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How to Sue a Hospital for Malpractice
Here's what you'll need to do to bring a medical malpractice lawsuit against a hospital.
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Medical negligence is the fault theory on which most medical malpractice cases hinge. Here's a primer on this important liability concept.
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Proving Hospital Negligence in a Medical Malpractice Case
In some cases, the hospital may be held liable for injuries to a patient in a medical malpractice case.
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How an Expert Medical Witness Shows Negligence
Medical expert testimony is usually necessary to prove negligence in a medical malpractice case, and some states require it.
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Types of Damages In a Medical Malpractice Case
What kinds of losses are typically claimed in a medical malpractice lawsuit, and how are they calculated?
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Award (And Settlement) Limits in a Medical Malpractice Case
Many states have enacted laws that limit the amount of money an injured patient can receive as an award in a medical malpractice lawsuit. Here's how it works.
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How Medical Malpractice Settlements Work
The settlement process in a medical malpractice case often looks a little different from that in a typical injury-related claim.