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Frequently Asked Questions

Medical Malpractice

What is medical malpractice?

Medical malpractice is when a health care provider causes injury or death because they were negligent or because they failed to provide a standard level of care. The goal of a medical malpractice claim is to pay back damages you have suffered as a result of the medical malpractice. These may include medical expenses, future medical expenses, lost wages, future lost wages, emotional trauma, and possibly more. If you feel you might have been the victim of medical malpractice, we urge you to contact our offices for a free consultation so we can explore whether or not you have a medical malpractice claim.

Can you file a medical malpractice claim against someone other than a doctor?

Yes. A medical malpractice claim can be filed against any health care provider. This can include doctors, nurses, technicians, physical therapists, optometrists, pharmacists, hospitals, and emergency rooms.

Is misdiagnosis malpractice?

Sometimes misdiagnosis is malpractice, but not necessarily. Medicine is not an exact science and the law does not require doctors to be correct all the time. Rather, their actions are required to meet the standard level of care set by state statutes and other healthcare professionals. You could have a case if your health care provider was found to be negligent in your diagnosis. For more information about misdiagnosis claims, please read our pages on general misdiagnosis, cancer misdiagnosis, heart attack misdiagnosis, and emergency room misdiagnosis.

How much is my case worth?

To find out how much your case is worth it's best to consult with a Fresno medical malpractice lawyer to discuss the details of your case. Since there are so many variables and each case is unique there is no "normal" or set amount of damages. Some factors include:

  • The seriousness of the resulting injuries
  • The level of negligence by the healthcare professional
  • The impact the injury has on the earning capacity of the plaintiff
  • The impact the injury has on the life functions of the plaintiff

Contact the Accident Lawyers to find out more about how much your case may be worth.

I signed a consent form prior to my medical treatment. Can I still file a malpractice suit?

A consent form does not absolve a health care provider of liability. If you suffered injuries or damages because of their negligence you might sill be able to file a claim if you prove your doctor operated or acted beyond the level of your consent.

If you have any other questions about your case, please contact a Fresno medical malpractice attorney from the Accident Lawyers for a free consultation.