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Questions About Medical Malpractice

US, Canada and Puerto Rico

The following are some commonly asked questions about medical malpractice. If you have additional questions, please contact the medical malpractice lawyers Balkin & Eisbrouch, LLC today.

What is medical malpractice?

Medical malpractice involves any treatment, lack of treatment, or other negligent act by a medical professional that causes harm or injury to a patient. Medical malpractice can include anything from a misdiagnosis or improper treatment to failure to diagnose an illness or failure to perform an appropriate follow-up appointment. Often times, medical malpractice is not apparent to a non-medical professional, and requires the review and analysis by medical experts. 

Who can be held accountable for medical malpractice?

A medical malpractice claim may be filed against anyone who provides medical or health care to patients. This can include:

• Doctors
• Nurses
• Hospitals
• Dentists
• Anesthesiologists
• Nursing Homes
• Pharmacists

Claims can be brought against an individual, organization or corporation.

What is the process for filing a medical malpractice claim?

If you have a suspicion that something went wrong during a medical procedure or appointment, you should first contact the qualified medical malpractice attorneys at Balkin & Eisbrouch, LLC. We will review your case and typically consult with medical professionals. This step typically involves collecting and reviewing your medical records. If we believe you have a good case, the next step is to provide written notice of the claim to the person or entity that you believe is responsible for your medical injury.

What types of mistakes do medical practitioners typically make?

A majority of medical professional mistakes fall into the following categories:

• Failure to obtain clear permission before operating
• Misdiagnosis, delayed diagnosis or failure to diagnose
• Incorrect execution of the operation
• Failure to anticipate any unforeseen problems
• Failure to treat a medical condition

The court will consider what reasonable medical practitioner would have done in the same situation. If your medical professional did not meet that reasonable standard of care, they could be held liable for your injuries.

What damages can I receive?

As the plaintiff of a medical malpractice claim, you may collect compensation for:

• Out-of-pocket medical expenses
• Costs of future care
• Loss of past and future wages
• Pain and suffering (both emotional and physical)
• Legal fees

If you or a family member has been the victim of medical malpractice, and you live in the United States, Canada or Puerto Rico, please contact the medical malpractice attorneys at Balkin & Eisbrouch, LLC to discuss your claim. We can help you receive the compensation you deserve.