Questions and Answers > Medical Malpractice > Medical Malpractice FAQ's
 

Medical Malpractice FAQ's

 
 

How do I know if I have a good medical malpractice claim?
What will it cost me to have my medical malpractice claim evaluated?
What information do I need before I call a lawyer on the telephone?
Should I talk to the doctor, nurse, hospital, nursing home, rehabilitation center, risk manager or insurance adjuster before I call a lawyer?
What kinds of injuries may result in a medical malpractice claim?
If I have a medical malpractice claim and call a lawyer, does that mean I will automatically become involved in a lawsuit and a trial?




Q: How do I know if I have a good medical malpractice claim?

A: If you have suffered a serious injury you may have a good medical malpractice claim. But you do not and cannot know if you have a good medical malpractice claim, and there is no way to find out unless your claim is evaluated by a group of people with experience and expertise in medical malpractice claims. That is why you need to call an attorney right away. Your claim needs to be evaluated by people with experience and expertise in medical injuries. Back to Top


Q: What will it cost me to have my medical malpractice claim evaluated?

A: It will not cost you anything. You call on the telephone to discuss a claim and our team will walk you through the process. Back to Top


Q: What information do I need before I call a lawyer on the telephone?

A: The only information you need is a very basic understanding of the situation. Essentially, you need to be able to tell the attorney what happened to you or the loved one. We will do the rest. Back to Top


Q: Should I talk to the doctor, nurse, hospital, nursing home, rehabilitation center, risk manager or insurance adjuster before I call a lawyer?

A: No. You need information and guidance. Premature communications may result in misunderstandings and confusion. Let the lawyer guide you through the process. Most healthcare providers (doctors, nurses, hospitals, nursing homes, rehabilitation centers, etc.) have insurance. All of the hospitals have risk managers. Insurance adjusters and risk managers are trained to manage the claims in the interest of the healthcare provider. You are not trained to protect your rights and the rights of your loved ones. Many doctors and nurses, will either be required or feel that they are required to immediately report a communication of concern to a risk manager or an insurance adjuster. This will start a chain of events that will not necessarily be in your best interest. So, call a lawyer with experience and expertise in medical malpractice claims and then decide whether it would be best for you to communicate directly with the healthcare provider. Back to Top


Q: What kinds of injuries may result in a medical malpractice claim?

A: The list is almost endless. A summary would be:

  • injuries to a mother and baby in the birth process (labor and delivery);
  • injuries to babies or small children;
  • brain injuries which can permanently change a person's life;
  • injuries from surgery by either doing the wrong thing or failing to do the right thing;
  • injuries in hospitals or rehabilitation facilities;
  • injuries from medications which may be the wrong medication,
  • the wrong amount of medication or a medication that is not checked and monitored;
  • injuries from a failure to recognize and treat a medical problem from a failure to diagnosis, a delay in diagnosis or a misdiagnosis;
  • injuries that are caused by mistakes in the emergency department;
  • injuries that are caused by mistakes in the way doctors or nurses or technicians write the medical records;
  • injuries from medical devices that are used to treat a patient or that are placed the body like an artificial joint;
  • injuries that occur in nursing homes or rehabilitation facilities because of a failure to monitor and care for a person. Back to Top


Q: If I have a medical malpractice claim and call a lawyer, does that mean I will automatically become involved in a lawsuit and a trial?

A: No. The vast majority of claims for injury are settled without a trial. If a lawsuit is necessary and the right thing to do to protect your interests, then you can choose to pursue it through your attorney. Even during a lawsuit, you are still making decisions about how you want to proceed. You, the client, are still in charge. Back to Top

 

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The information on this page is provided for educational purposes only, and should not be relied on in any specific case. Furthermore, the information applies generally to matters of Arizona law and not any other jurisdiction. Full site disclaimer.
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