Frequently Asked Questions

Q. How much time do I have to file my case?

A. All lawsuits must be filed within time limits set by law, called "statutes of limitations". In some cases you may have as little as one year to file a lawsuit based upon a tort causing personal injury. Unfortunately, if you miss the statutory deadline for filing a case, your case is thrown out of court.

Q. What is medical malpractice?

A. When injury occurs as a result of negligence by a health care provider, a medical malpractice case may be brought. "Health care providers" includes both people and institutions. In addition to medical doctors and osteopaths, the term includes podiatrists, optometrists, nurses, dentists, psychologists, physical therapists and others with state licensure to practice their respective disciplines. Medical care facilities like hospitals or nursing homes licensed by the state are also health care providers.

Q. What must be shown to prevail in a medical malpractice case?

A. While there are various types of medical malpractice claims, generally speaking, a claimant must usually show the following:

The health care provider owed a DUTY to the patient
The health care provider BREACHED that duty
The patient suffered an INJURY, and
The patient's injury was a PROXIMATE CAUSE of the health care provider's breach of duty

A physician owes a duty to a patient once a "doctor-patient" relationship has been formed. Such a relationship is usually formed when the physician agrees to care for the patient. Nonetheless, even if it is established that a duty is existed and the health care provider breached that duty (eg. failed to meet the requisite standard of care), a claimant may not recover unless the claimant suffered injuries that were a direct result of the breach. If the breach resulted in no harm to the patient, a claimant generally has no right to recovery.

Q. What is a "Wrongful Death"?

A. When a death is caused by the misconduct of another person or company it is called a "wrongful death". The misconduct can range from an act of momentary negligence or carelessness to an intentional or reckless act. It can be the act of a single person or of a corporation, such as a drug company. The law provides for the compensation of the survivors when a wrongful death occurs, just as it provides for the compensation of a victim who has been injured by similar misconduct.