If you have been injured, call us immediately for a free consultation at 520-571-9700 or Toll Free at 1-866-514-0791 or submit a request for a free case review below.
Medical Malpractice:
At Bellovin & Karnas, we know that medical malpractice occurs more often than many people understand. But, not every injury qualifies as medical malpractice. A victim of medical malpractice must establish that their healthcare provider’s negligence was the cause of injury or death through expert medical testimony. If, and only if, you establish liability through this expert testimony will you be entitled to medical malpractice damages. Bellovin & Karnas' attorneys can help you determine what went wrong and formulate the best legal strategy for achieving a just resolution.
Frequently Asked Questions:
What is medical malpractice?
The basic definition of medical malpractice is an act or omission by a health care provider which deviates from accepted standards of practice in the medical community and causes injury to the patient. The word "malpractice" has a connotation of greater culpability than negligence. In the United States and other countries, a specific medical malpractice law has developed. In courts the issue of liability is a subset of professional negligence where, under the Bolam Test, a doctor will be liable unless shown to have acted in accordance with a reasonable body of medical opinion.
What is "informed consent"?
Informed consent various by states however most require that an objective, written explanation of the medical risks and benefits of a procedure, as well as the available alternatives, be provided to a patient before undergoing any procedure. Additionally, the required information must be provided to the patient in a setting in which the patient may determine whether to accept or reject the treatment, without undue influence, from a healthcare provider.
Assuming that malpractice did occur, is the case easy to win?
No. Medical malpractice claims are among the most difficult cases for a victim or victim's attorney to win.
In order to bring a malpractice case to trial, it is necessary to have expert testimony on the issues of negligence, causation, and damages. This means the experts' testimony must include what was done wrong and how it could have and should have been avoided, and how the wrongdoing caused the injury or death. Some states have a limit on the amount of money a victim can recover for non-economic damages, i.e. "pain and suffering", when a malpractice case is won.
Do all medical malpractice cases end up in trial?
Many cases are resolved without going to triall. If there is an insurance company involved it cannot settle a case without consent of its insured. In addition, there is a category of medical malpractice cases that never go to trial, but instead are resolved through binding arbitration. Many hospitals, doctors and HMOs ask patients to sign an agreement to go to binding arbitration in the event of a claim or dispute. These agreements are often in fine print in the initial papers a patient fills out when first seeing a doctor or upon admission to a hospital. Often, the patient does not realize that they have signed a binding arbitration agreement until there is a problem. Then a qualified attorney should find this clause somewhere in the patient's medical records. These binding arbitration clauses are usually ironclad.
Arbitrations are very expensive, partly because arbitrators generally charge several hundred dollars an hour for their time. In addition most arbitration agreements provide that each side must bear its own costs. That means that even if the medical malpractice claim is won, the claimant must pay all of the costs for the experts and arbitrators, and other costs incurred in the preparation for the arbitration, out of the amount awarded by the arbitrators.
What type of monetary awards can be expected in a medical malpractice case?
The individual filing the lawsuit can expect damages that may include compensatory and punitive damages if the case is successful. Compensatory damages include economic and non-economic. Economic damages include financial losses such as lost wages (sometimes called lost earning capacity), medical expenses and life care expenses. These damages may be assessed for past and future losses. Non-economic claims include damages for physical and psychological harm, such as loss of vision, loss of a limb or organ, the reduced enjoyment of life due to a disability, pain and suffering and emotional distress. Punitive damages are rarely awarded in malpractice cases and are subject to strict controls. A factfinder must assess the economic, non-economic and punitive damages. Then the factfinder will render a verdict to the winning party. The verdict is then reduced to the judgment of the court.
What are the time limits for bringing medical malpractice lawsuits?
The statute of limitations in medical malpractice lawsuits differs by state. Generally, if a victim doesn't take steps to formally preserve their claim for malpractice, all rights to bring any lawsuit are lost one year after the patient discovers the injury, or three years after the date of the injury, whichever occurs first. The time limit for bringing a claim against a governmental entity (i.e. county-owned hospital) is even shorter. There is an exception to this rule for minors, or if the healthcare provider committed fraud, or in the unusual situation where a doctor leaves a foreign body inside of a patient during surgery. Generally, however, there is a very limited window of opportunity for a victim to bring a malpractice claim, therefore, anyone who feels he or she might have been permanently injured as a result of negligence by a doctor, HMO, hospital, or other healthcare provider's negligence, should contact an attorney who specializes in medical malpractice right away.
Back to Top
