Frequently Asked Questions
Medical Malpractice Questions
Birth Injuries Questions
Q: What is medical malpractice?
A: Medical malpractice is negligence committed by a professional health care provider, such as a doctor, nurse, dentist, technician, hospital or hospital worker, whose treatment of a patient departs from a standard of care met by those with similar training and experience, resulting in harm to a patient or patients.
Q: Does someone who is not satisfied with the results of his or her surgery have a malpractice case?
A: In general, there are no guarantees of medical results, and unexpected or unsuccessful results do not necessarily mean negligence occurred. To succeed in a medical malpractice case, a plaintiff has to show an injury or damages that resulted from the doctor's deviation from the standard of care applicable to the procedure.
Q: What should I do if a think I have a medical malpractice claim?
A: You should talk to a lawyer who specializes in such cases, as soon as possible. Tell the attorney exactly what happened, from your first visit to the doctor or other health care provider, through your last contact with him or her. If possible, obtain your medical records and bring them to your first meeting with the attorney. There are time limits governing how long someone may bring a medical malpractice claim, so time is of the essence.
Q: What is "informed consent?"
A: Although the specific definition of informed consent may vary from state to state, it means essentially that a physician (or other medical provider) must tell a patient all of the potential benefits, risks, and alternatives involved in any surgical procedure, medical procedure, or other course of treatment, and must obtain the patient's written consent to proceed.
Q: Do I have a case against a doctor who prescribed me a drug for treatment, but failed to tell me it was part o an experimental program?
A: Your physician had a duty to tell you that the drug was part of an experimental program, and you had the right to refuse to participate in it. You may have grounds for an action against your doctor based on his/her failure to obtain your "informed consent" relative to this treatment.
Q: If the consent form I signed prior to a procedure is considered valid, can I recover any damages in a malpractice action against my doctor?
A: Yes, you still may be able to recover damages. A consent form does not release a physician who performed a procedure negligently from liability. If you can establish that your doctor deviated from the applicable standard of care in performing the procedure, and you were injured as a result, you may still recover against him/her. You may also have a claim that the procedure the physician performed went beyond the consent you gave, in which case the doctor might even be liable for battery.
Q: How does a jury determine if a doctor's actions were negligent?
A: A jury will consider the testimony of experts, usually other doctors, who will testify whether they believe your physician's actions followed standard medical practices, or fell below the accepted standard of care.
Q: What is a "Certificate of Merit?"
A: One obstacle plaintiffs in many states may have to overcome before they can even file a malpractice action against a health care professional is the requirement that they file what is commonly known as a "certificate of merit." In order to file a certificate of merit, a plaintiff will first have to have an expert, usually another physician, review the relevant medical records and certify that the plaintiff's health care provider deviated from accepted medical practices, which resulted in injury to the plaintiff. The plaintiff's attorney then files the certificate of merit, which confirms that the attorney has consulted with a medical expert and that the plaintiff's action has merit.
Frequently Asked Questions about Birth Injuries
Q: What's the difference between a birth defect and a birth injury?
A: Birth injuries are generally caused by something that went wrong during child delivery itself, while birth defects usually involve harm to a baby that arose prior to birth, due to something that happened during or before the pregnancy.
Q: What kinds of situations give rise to a lawsuit for birth defects (or injuries)?
A: Most of these cases occur when a doctor fails to adequately assess or respond to conditions and complications during a woman's pregnancy or delivery, or when a woman takes a prescription drug during pregnancy that causes harm to the baby.
Q: Will a lawsuit always be successful if a baby is harmed through a birth defect (or injury)?
A: No. Some birth defects (or injuries) are unavoidable. The key question is whether medical providers and/or a pharmaceutical company failed to give you or your baby adequate medical care or medication advice during pregnancy and/or delivery.
Q: What is medical malpractice?
A: Medical malpractice is negligence committed by a professional health care provider--a doctor, nurse, dentist, technician, hospital or hospital worker--whose performance of duties departs from a standard of practice of those with similar training and experience, resulting in harm to a patient or patients. The profession itself sets the standard for malpractice by its own custom and practice.
Q: How common are birth injuries?
A: It has been estimated that, for every 1000 babies born in the U.S., five will be injured during birth.
Q: In a lawsuit for birth defect (or injury), how does a jury determine if a doctor's actions were within the standards of good medical practice?
A: A jury will consider testimony by experts--usually other doctors, who will testify whether they believe your physician's actions followed standard medical practice or fell below the accepted standard of care. A specialist, like an obstetrician, is held to a higher standard of care--that of a specialist--than would be expected of a non-specialist.
Q: I've heard about "teratogens" causing birth defects. What are they?
A: A teratogen is a chemical or agent that causes birth defects in a child. A number of drugs have been found to be teratogens, and many of these were initially meant to aid a woman's pregnancy. These include Delalutin, a drug administered to pregnant women for the prevention of miscarriages, and Bendectin, a medication given to pregnant women, to fight nausea.
Q: How common are birth defects?
A: Estimates are that 7% of all babies are born with a birth defect or irregularity, from very minor to severe.
Q: As a birth defect (or injury), what is cerebral palsy?
A: Cerebral palsy is the generic term for a number of disorders affecting a baby's brain function and body movement. Cerebral palsy can be the result of an injury to a baby's brain in the womb, during delivery, or some time after birth. It can also be caused by a lack of oxygen flow to a baby's during delivery.
Q: Who will receive money after a successful lawsuit for a birth defect (or injury)?
A: If a living child suffers harm due to an avoidable birth defect (or injury), damages awarded as part of a successful lawsuit will typically go to the child, sometimes in the form of a trust. Parents can receive compensation for emotional distress damages in some situations.
MEDICAL MALPRACTICE
Medical Malpractice Overview
Emergency Room Errors
Failure to Diagnose
Nurse Malpractice
Prescription Errors
Surgical Infections
BIRTH INJURIES
Birth Injury Overview
Brachial Plexus
Erbs Palsy
Cerebral Palsy
OTHER AREAS
Nursing Home Abuse
Nuring Home Neglect
Wrongful Death