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New Jersey and Philadelphia and Reading, Pennsylvania-area Medical Malpractice Lawyer - FAQs

If you or a loved one has suffered an injury or disability as a result of medical malpractice, you may be entitled to financial compensation. A New York, New Jersey, or Reading and Philadelphia, Pennsylvania-area medical malpractice lawyer from Locks Law Firm can review your case free of charge and determine the best way to attain a satisfactory resolution for you or your family. Many of our clients have similar questions regarding medical malpractice, so we have assembled the most commonly asked questions with answers as a quick reference guide. If you have additional questions or you would like to schedule a free consultation, contact the medical malpractice attorneys of Locks Law Firm today.

What is medical malpractice?

Medical malpractice is any act by a health care provider that deviates from accepted standards of medical care and results in the personal injury, disability, or wrongful death of a patient. It may be possible to file a claim against the responsible parties if it can be proved that the health care provider was negligent in his or her actions. In a medical malpractice case, the plaintiff is the patient and the defendant is the health care provider responsible for any injuries that may have occurred. Usually medical professionals are covered by malpractice insurance for claims of negligence made against them.

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How common is medical malpractice?

The Institute of Medicine of the National Academy of Sciences estimates that as many as 98,000 patients die each year in the United States as a result of medical malpractice. Diagnostic errors and medication errors are the most common types of medical malpractice and may be responsible for up to 1.5 million preventable injuries every year. Surgical errors and other medical mistakes account for the remainder of medical malpractice cases in the United States. If you or a family member has suffered as the result of professional negligence, you may be eligible for compensation.

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What do I do if I suspect that medical malpractice has occurred?

If you suspect that you or a loved one is a victim of medical malpractice, contact an attorney immediately. Medical malpractice cases are usually very complicated, and victims who choose to "go it alone" usually are unsuccessful in obtaining the compensation they deserve. At Locks Law Firm, we have the knowledge and experience necessary to help you obtain full justice for your injury. Contact a New Jersey or Philadelphia and Reading, Pennsylvania-area medical malpractice lawyer for a consultation.

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What does not qualify as medical malpractice?

Almost all clients who consult an attorney about medical malpractice have experienced a bad outcome after medical care. However, very frequently these bad outcomes do not result from negligence of the health care professional. Sometimes a disease process is too advanced to be helped by even the best medical care. At times, negligence occurs but does not result in a sufficiently serious injury to justify a case.
Generally speaking, unsatisfactory results of a surgery or another medical procedure do not in and of themselves constitute malpractice. Also, if you choose to undergo a procedure despite its known potential side effects, and you develop one of these effects, it will usually not be considered medical malpractice.  

However, before you give informed consent in writing to any medical procedure, your physician should have disclosed the risks involved, as well as the relative chances of success or failure.

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Yes. No waiver or consent form you signed fully releases a physician from responsibility. If you can demonstrate that negligence or deviation from a standard medical procedure on the part of the physician resulted in your injury, you may be eligible to receive compensation. Patients do not consent to negligent medical care by signing an informed consent form, but they may accept the reality of certain listed unavoidable risks of a procedure.

If a doctor asks you to sign a waiver of your rights or an agreement to arbitrate any claim of his negligence before a panel of his choosing, you should refuse to sign this document. Some doctors are seeking unreasonable privilege for themselves by attempting to have patients waive their right to trial by jury in the event that they are injured by that doctor's negligence.  These forms are always unfair and heavily slanted to favor the doctor.  Patients should respectfully decline to sign them.

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What is a statute of limitations?

A statute of limitations is the amount of time following an event in which criminal charges or a civil complaint can be brought against a party. The statute of limitations is dependent on a number of factors, including the type of incident that occurred and the state in which the incident occurred. If you or a family member has suffered an injury because of a health care practitioner's professional negligence and you live in or near New York, New Jersey, or Reading and Philadelphia, Pennsylvania, you should contact a medical malpractice lawyer from Locks Law immediately. Your time to legally file a claim will always be limited by the law of your state and you should discuss your case with a lawyer as soon as you suspect that you may have one. Two years from the date of an incident is a common but not universal statute of limitations for negligence claims.  But, particularly in medical malpractice claims the statute may be extended by the discovery rule. You should discuss the application of this important rule under the law of your state with a lawyer as soon as you believe you may have a legal claim for negligence.

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For what compensation may I be eligible?

If you or a family member has suffered an injury as a result of medical malpractice, you may be entitled to monetary compensation for doctor and hospital bills, loss of wages (including future wages), pain and suffering, and emotional distress that occurred as a result of your injury. In some cases it may also be possible to claim punitive damages against the health care provider if it can be proven that the negligent actions amounted to gross negligence or recklessness

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Contact Our Office Today

If you have more questions or if you would like to schedule a review of your claim, contact a New York, New Jersey, or Reading and Philadelphia, Pennsylvania-area medical malpractice lawyer today to schedule a free consultation. We can answer your queries and review your case free of charge.

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Contact a New Jersey or Philadelphia and Reading, Pennsylvania-area medical malpractice lawyer for a consultation.