Medical Malpractice FAQ
Q. What is Medical Malpractice?
Ans. Medical malpractice is professional negligence by a healthcare provider in which the care provided does not meet a certain standard of care (defined by what other healthcare providers with similar training and experience would do if faced with the same or similar situation), when this results in injury or death of the patient.
Q. What are some common types of Medical Malpractice?
Ans. Because malpractice may be considered as any instance where a medical professional fails to provide a standard level of treatment or care, there are many different ways in which it may occur. A patient may be diagnosed with the wrong medical condition, a doctor may fail to diagnose cancer, a surgeon may perform a shoddy surgical procedure, an anesthesiologist may not properly monitor a patient during surgery or an obstetrician may delay a cesarean section and cause a baby undue harm. These are just a few examples of medical malpractice.
Q. Is there a time period in which I must file a Medical Malpractice Lawsuit?
Ans. Yes, called the Statute of Limitations, this defines the maximum time after an event that a plaintiff may bring legal proceedings based on that event. In Mississippi, a medical malpractice action must be filed within two-and-a-half years of the incident. If the case involves the wrongful death of a patient, legal action must be taken within two years. There are some exceptions, and every state has different laws, so it is important to seek the advice of a medical malpractice lawyer as soon as you suspect you are a victim.
Q. Who can be held responsible for Medical Malpractice?
Ans. If varies by state, but usually any medical care provider including individuals such as doctors, nurses, dentists, pharmacists and entities such as hospitals, corporations, professional organizations and partnerships may be held accountable.
Q. Have I waived my Right to file suit because I signed a consent form?
Ans. Not necessarily. A consent form acknowledges that you understand certain risks associated with a treatment or procedure, it does not relieve the doctor or hospital of the duty to provide a certain standard of care or prevent you from filing a medical malpractice lawsuit if they fail to provide that care. Do I have grounds for a medical malpractice lawsuit? Because every case is different, you should discuss your specific situation with a lawyer. Only an experienced medical malpractice lawyer can determine if you have a reason to file a lawsuit, based upon the facts of your case.
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