Medical Malpractice Lawsuit FAQs

Judges gavel in front of photo of doctor with arms crossed

Medical professionals can cause severe injuries and even death when they do not adhere to accepted standards of care within the medical community. Victims have the right to pursue a legal claim to obtain compensation for their injuries.

Our attorneys have secured millions in compensation for victims of medical negligence. We take cases nationwide and do not charge legal fees unless you achieve a favorable outcome for your claim. If you believe you suffered medical malpractice, review this list of medical malpractice lawsuit FAQs.

What is medical malpractice?

Medical malpractice occurs when a medical professional causes a patient severe injury by failing to adhere to medical standards. Medical professionals can commit malpractice through their actions or failure to act. Common examples of medical malpractice include:

Do I have a medical malpractice case?

Medical professionals have a legal obligation to provide the same type of care another medical professional would if he or she were in a similar situation. Your medical negligence attorney will have to determine if your medical professional breached his or her duty to provide you with an acceptable level of care and treatment as is required within the medical community.

What do I have to prove to win my medical malpractice case?

Your attorney must establish the four elements of medical malpractice:

  • Duty of care – If there is a doctor-patient relationship, the medical professional has a duty to provide an acceptable level of care to the patient.
  • Breach of duty of care – A medical professional’s care fell below acceptable standards.
  • You suffered injuries – You suffered injuries primarily caused by the breached duty of care.
  • Injuries resulted in damages – Your attorney has to show your injuries resulted in medical bills, lost wages, pain and suffering, or other damages.

Who is liable for medical malpractice?

Doctors, nurses, surgeons, pharmacists, hospital staff or any other medical professional who provided treatment could be held liable for medical malpractice. Depending on the circumstances of the case, it may also be possible to hold a hospital, walk-in clinic or other healthcare provider liable.

How long do I have to file a medical malpractice lawsuit?

It varies by state – some states give you one year while others give you two, three or more. However, these are complex cases that require a lot of time to investigate, so you should review your claim with a qualified medical negligence attorney as soon as possible.

How much is my medical malpractice case worth?

The circumstances surrounding your injuries, the severity of your injuries and other factors will determine the amount of compensation you are entitled. It also depends on the state where you live, as each state sets its own cap on non-economic damages. The federal government’s cap on non-economic damages for medical malpractice is $250,000.

What should I do if I think I think I have a medical malpractice claim?

First, seek medical treatment for your injuries because your health and safety is the number one priority. Next, contact our skilled lawyers for a free evaluation of your claim to find out if you have legal options.

Several of our partners focus their practices on medical malpractice claims, including Howard A. Janet, who is widely known as one of the preeminent medical negligence attorneys in the country.

Our medical malpractice attorneys are well-versed in your state’s laws on medical malpractice. We will thoroughly investigate your claim and aggressively pursue a fair resolution, either through a settlement or jury verdict.

How much does a medical malpractice lawyer cost?

The medical malpractice attorneys at Janet, Janet & Suggs operate on a contingency fee basis. That means we do not accept compensation unless our clients are compensated first. We offer a free, no obligation consultation and do not charge any fees unless your case is successful.

Scroll to Top