FAQs, Articles & Resources

Medical Malpractice Attoney

Claims for patient injuries that result directly from a doctor, nurse, medical professional or hospital’s act of negligence or omission.
Medical Malpractice law category main header image
https://www.legalasap.com/wp-content/uploads/2020/04/bgn-slider-blue-corner-left.png
bt_bb_section_bottom_section_coverage_image
https://www.legalasap.com/wp-content/uploads/2021/10/icon-medical-malpractice.png

What Is
Medical Malpractice?

Medical malpractice law covers issues where a healthcare provider, hospital or other medical professional injures a patient. This injury may come from an act of omission (such as failing to review imaging scans in a timely manner) or negligence. According to medical malpractice law, all valid claims must share the following characteristics:

  • Your healthcare provider or facility violated the acceptable standard of care for treating patients under similar circumstances. In other words, your doctor or hospital didn’t give you the proper treatment patients typically get in your situation.
  • This act of either negligence or omission directly caused your injury. This means you would not have the injury you do now if the medical provider treated you as usual.
  • You can prove the injury resulted in significant damages that an attorney may recover from your provider through litigation. Finally, this means your injury resulted in significant medical bills, lost wages, pain and suffering, or other expenses.

What Injury Claim Types Does Medical Malpractice Law Typically Cover?

Here are the most common reasons why people file claims with attorneys who specialize in medical malpractice law:

  • Misdiagnosis (46%). This can mean your doctor diagnosed you with the wrong thing, didn’t diagnose you at all, or failed to catch something in its early stages, such as cancer. Unfortunately, recent reports show that a little less than half of misdiagnosis claims are filed on a deceased patient’s behalf. About 68% of claims represented by attorneys specializing in medical malpractice law resulted in a settlement.
  • Incorrect medical treatment (about 20%). Most often, these claims involve heart-related treatments that don’t involve medication, pain management, wound care, and blood transfusions.
  • Medication errors (about 16%). Most claims involve doctors not monitoring patients closely enough while on medication. Others claims allege doctors failed to prescribe medication at all, prescribed the wrong drug, or the wrong dosage.
  • Childbirth injuries (about 11%). The vast majority of birth injury claims involve damage to the baby’s brain. Cerebral palsy is a common reason why parents file birth injury claims. Attorneys that practice medical malpractice law commonly represent cases involving children that require lifelong care or wrongful death claims.
  • Surgical errors (about 7%). This can include anesthesia errors, accidental injuries during a procedure or leaving items inside your body post-surgery. Maybe your doctor put in a temporary IVC filter, but never scheduled surgery to remove it. As a result, you suffered a device fracture and migration injury that punctured your lung or spine.
Medical Malpractice law category page subheader image

Do You Need a Lawyer That Specializes in Malpractice Cases to Win a Settlement?

Many people might not realize that medical malpractice insurance is a major expense for most healthcare providers and hospitals. For this reason, your hospital, nurse, or physician won’t have to pay your expenses out of their own pocket. However, insurance companies aren’t going to simply pay you all the money they owe you for your injury. In fact, it is extremely rare for medical malpractice insurers to offer to settle unless you file a lawsuit. However, researchers also say that medical errors are the #3 cause of deaths in the U.S. (The first two causes are heart disease and cancer, according to the CDC).

If you believe you or your child’s injury is the result of medical negligence, then consult an attorney right away! Many states have strict requirements and steps you must follow before you can file a lawsuit against any healthcare provider. Only an attorney in your state who specializes in medical malpractice law can accurately advise you about your potential case.

Learn More About Medical Malpractice Law

Recent
Articles

Could a COVID-19-Related Screening Delay Count as Medical Malpractice?
Could a COVID-19-Related Screening Delay Count as Medical Malpractice?
One of the most unsettling effects of the COVID-19 pandemic was the substantial delays in medical diagnostic services. True, the novel coronavirus forced already overwhelmed nursing staff to focus on treating virus-stricken patients. But that came at the expense of others who also needed urgent care for other ailments.  For those who became severely or...
Making the Cut: When Surgical Errors Count as Medical Malpractice
Making the Cut: When Surgical Errors Count as Medical Malpractice
Modern surgical techniques have advanced at unprecedented rates; surgeons have all sorts of gadgets ranging from lasers to cameras and robot arms to assist them. Yet, errors still happen, and sometimes it’s due to negligence. Seeing as how waivers can protect surgeons from some degree of responsibility, when are they held responsible for harming a...
When Prescription Opiate Addiction is Medical Malpractice
When Prescription Opiate Addiction is Medical Malpractice
In the late 1990s, pharmaceutical companies assured medical professionals that patients wouldn’t become addicted to opioid pain relievers. Opiates were prescribed to help millions of Americans recover after a bone fracture or surgery. Unfortunately, prescribed opiates were subsequently found to be as addictive as heroin, and some doctors started reducing opioid pain reliever prescriptions. Ordinary...
Bleeding Edge: Are Medical Device Failures Considered Malpractice?
Bleeding Edge: Are Medical Device Failures Considered Malpractice?
Incredible advances in medical technology have extended lives and given hope where there was none before. With some of these medical advances come mistakes and defective devices that can do more harm than they heal. Medical malpractice attorneys can help determine whether a defective device is to blame or a doctor’s error. This post will...
The Elements of Medical Malpractice
The Elements of Medical Malpractice
Suppose you’re suffering an illness or injury due to a medical error. Medical bills pile up, and you can’t work due to your injury. A successful medical malpractice claim may be able to help pay for medical expenses and lost wages. The next question many ask is, “How do I file a medical malpractice claim?” ...
How Long Can My Medical Malpractice Suit Take?
How Long Can My Medical Malpractice Suit Take?
When starting a medical malpractice claim, many people wonder how long it will take to get a settlement. The truth is that no two medical malpractice lawsuits are the same. Some may take weeks and others years to resolve. Many different factors combine to determine how long your medical malpractice suit can take.  This article...
I Faced A Medical Misdiagnosis. Can I Sue?
I Faced A Medical Misdiagnosis. Can I Sue?
Cases of a medical misdiagnosis can be complex and intimidating to take on. Sometimes a misdiagnosis is simply an accident or an error in judgment, and it’s confusing to know whether you should file a claim or not. In other cases, a misdiagnosis could indicate severe doctor negligence or a failure to provide adequate care...
How to Prove Medical Malpractice Resulted in a Birth Injury
How to Prove Medical Malpractice Resulted in a Birth Injury
A baby’s birth is one of the most exciting events in a parent’s life. All parents want the best for their children and would do anything to keep them safe and healthy. But what if their baby has a birth injury due to a doctor or healthcare worker’s medical negligence?  This post will discuss the...
Common Signs that You Have Become a Victim of Medical Malpractice
Common Signs that You Have Become a Victim of Medical Malpractice
A mistake or negligence by a doctor or health care provider can have a devastating and lasting impact on a person’s life or lead to a fatal result. Patients seek medical help from their doctors and health care providers and expect to be treated with respect. Doctors have an obligation to provide care give an...
About Us
LegalASAP
You need a lawyer with the right training and experience to advise you about your specific legal issue. We can help.
Our Locations
Where to find us?

We help people nationwide find legal help
when and where they need it.

USA Dot Map
Follow Us
Social links
Who We Are
LegalASAP
You need a lawyer with the right training and experience to advise you about your specific legal issue. We can help.
Our locations
Where to find us?
USA Map
We help people nationwide find legal help when and where they need it.
Follow Us
Social links

© LegalASAP.com, Inc. All rights reserved.

© LegalASAP.com, Inc. All rights reserved.