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Medical Malpractice

Oliveira Law, PLLC > Medical Malpractice

Have You Experienced Medical Malpractice?

Medical malpractice is a traumatic experience that has recently become one of the top reasons for the cause of death. The more unfortunate truth is that most of these situations result in severe injury or fatality.

Doctors and medical professionals are expected to provide the best care possible, but mistakes and negligence do happen. In the event you have been injured in the care of a physician, there are proper actions to take.

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Medical Malpractice Scenarios

There are many different scenarios that could happen in order for a physician to be accused of medical malpractice. They all can relate to the following categories:

  • Misdiagnosis
  • Medications
  • Lack of attention to the patient’s medical history
  • Surgery
  • Treatment

Doctors are obligated to perform under a duty of care, which is a promise to help the patients in the best way possible. If this is breached, it’s normally because something went in one or more of the above areas.

Common scenarios of malpractice:

  • Prescribing the wrong medication
  • Poor follow-up or aftercare
  • Performing an incorrect surgery
  • Failure to request necessary testing
  • Misinterpreting lab results
  • Disregarding the patient’s medical background when treating them
  • Releasing patients too early from medical facilities
  • Disregarding symptoms
  • Birth injuries
  • Incorrect use of anesthesia or sedatives
  • Lack of consent and informing patient

You must question your scenario and determine if the medical professional did not perform their job properly, resulting in you or your loved one’s injury.

  • Did the doctor perform under their duty of care?
  • Did they breach the obligation?
  • Was the injury a result of the breach?
  • Do you have evidence of malpractice?

It all comes down to there being proof of negligence and unethical conduct. If you determine a breach was the cause for the injury, a claim can be filed. Contact a lawyer experienced in personal injury that has worked on malpractice cases.

Filing a Claim

Immediately after the injury happens, seek proper medical attention. The documentation of your injury serves as proper evidence. If filing a claim, look into your state’s statute of limitations for filing malpractice claims. It varies by state, but it could be as long as two years.

Bring forth your evidence when consulting with your attorney. They can help you determine who has liability for the injury. It could be the organization as opposed to the doctor specifically. The liability could also be split such as the doctor and the nurse or anesthesiologist being at fault. Once filing your claim, there will be further options you can choose to reach a solution.

Medical malpractice cases have other steps that some other personal injury cases may not have. Some states have some additional requirements in order to file a malpractice claim:

  • Medical malpractice review panels must review the claim before filing a lawsuit
  • Doctors must be briefly notified that a claim is being filed against them

Check with your state laws and see if it’s required to take those steps before moving on to the court and negotiation.

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Since medical malpractice cases are another form of personal injury cases, it could be settled out of court or it can go to trial. Normally settlements are the most common end result, but it is not uncommon to go to trial. Keep in mind that medical malpractice lawsuits are expensive because of it being more work for the lawyers. Settlements tend to be a simple negotiation with your lawyer’s assistance.


Settlements have their advantages as they serve as a quick solution to getting justice. Defendants at fault would prefer settlements versus a trial to keep things more private. Your attorney can negotiate settlement terms, and if you are not satisfied then you can request the case go to trial.


Requesting a trial will allow the award to be determined by the court. It will take longer to reach a solution in the case as they can be scheduled far in advance. Sometimes cases can be held in front of a jury as well.


Plaintiffs are usually compensated for a high amount for medical malpractice claims. It is not uncommon for plaintiffs to be awarded six or seven figures, whether by settlement or a trial decision. There are plenty of costs that can be included in the claim that will result in a high amount over time. Some of those costs include:

  • Medical bills (current and future)
  • Living expenses
  • Pain and suffering
  • Physical therapy or rehabilitation
  • Loss of income
  • Adaptive equipment
  • Home modifications to accommodate the injured party

Upon receiving your award, the costs for the current medical expenses and legal fees will be deducted. Keep in mind lawyers have higher fees if the case goes to trial. It’s normally a percentage of the award won for the case. Damage limit caps are also in place in different states limiting how much a person can be awarded in a personal injury case.

Experiencing harm from those expected to heal can be a rough experience. File a claim and be rightfully compensated for you or your loved one’s loss. Oliveira Law are here to help so contact us today.