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Ask a Medical Malpractice Attorney: 8 Frequently Asked Questions

Medical malpractice cases are highly complex. You’re probably very stressed and worried about what’s going to happen once you file a claim. You may not even be fully sure who you can file a claim against and what counts as medical malpractice. A medical malpractice attorney can assist you and take care of all of your queries. Below, you’ll also find answers to many frequently asked questions that you likely have for your lawyer.

Ask a Medical Malpractice Attorney: 8 Frequently Asked Questions 

What Is Medical Malpractice?

Medical malpractice varies from state to state. In Missouri, it is considered medical malpractice if a qualified healthcare professional determines another doctor failed to provide you with an adequate standard of care.

Failing to provide an adequate standard of care includes issues such as:

  • Misdiagnosing illnesses
  • Prescribing incorrect medications or dosages
  • Failing to diagnose an ailment another doctor could diagnose sooner
  • Damaging healthy organs during surgery and committing other surgical errors

2. How Do I Know If I Have a Medical Malpractice Case?

If you feel your doctor provided poor care and you were left injured or ill for extended periods due to their negligence or incompetence in the profession, then it’s likely you have a medical malpractice case on your hands. However, you should always talk to a lawyer before you make a claim and tell your attorney everything that happened from the first to the last visit with your physician. Be as detailed as possible.

An experienced medical malpractice lawyer in Kansas City will ask follow-up questions that will help them determine if you have a case they feel they could win for you.

3. Who Can I Sue for Medical Malpractice?

You can sue any licensed physician who committed malpractice. In some cases, you may also be able to sue the hospital employing the physician. Lab technicians, anesthesiologists, nurses, and any other employee with medical qualifications who was liable in your case may also be sued.

4. Can I Still Sue for Malpractice if My Doctor Admitted They Made a Mistake?

Your attorney will be able to advise you better on this question, as it varies from case to case. However, a doctor admitting they made a mistake is still a doctor who made a mistake that could have been avoided. Your doctor failed to meet the expected standard of medical care, and this constitutes medical malpractice in many cases. You shouldn’t neglect to seek legal action just because your doctor admitted their fault.

5. Can I Gather Evidence To Support My Medical Malpractice Case?

You often won’t be able to gather evidence on your own when building a medical malpractice case. You won’t have access to your medical records. However, your attorney can help you gain access to them.

It’s also important that you document any communications you had with your doctor via email or text. You should also take screenshots of texts and other forms of messaging between you and a friend if you vented about your doctor’s substandard quality of care. Showing your doctor has been making mistakes for quite some time can help you build your case against them.

6. How Much Will My Attorney Charge To Defend Me in a Medical Malpractice Case?

Attorneys typically do not charge for defending you in medical malpractice cases. They work on what’s called a contingency fee basis. This means they take their fee out of any settlement you win against the physician or hospital.

This also means you have a very high chance of winning your malpractice case, as your attorney likely won’t take on a case they don’t feel they can win. They don’t want to lose money by defending someone who has a low chance of winning their case.

7. Is There a Time Limit I Have to File My Claim Within?

The statute of limitations stern determines how long you have to file your case after medical malpractice was committed. In Missouri, you must file your claim with the court within two years of experiencing the medical malpractice.

There are some exceptions to this rule, and your attorney can talk through them with you. There might be an exception if you discover the malpractice at a later date. For example, if you had surgery and the surgeon discovered an injury or another issue that must have been caused by a previous surgery more than two years prior, then an exception may apply.

8. What Do I Get if I Win My Case?

You’ll receive money to reimburse medical expenses and emotional damages caused by the medical malpractice. There is no standard fee you can win, as it varies from case to case considerably.

If you believe you’ve been involved in a medical malpractice case, then contact an attorney immediately. They’ll be able to advise you on what to do next. It’s important you file your claim as quickly as possible, and your attorney will help you do that.

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