Medical Malpractice Frequently Asked Questions
Experienced malpractice attorneys in Florida and South Georgia
Medical malpractice occurs when a patient is harmed as the result of the failure of a health care professional to exercise the same degree of care and skill that another health care professional in the same specialty would exercise under the same circumstances. A patient injured in this way is entitled to compensation. The amount of compensation depends upon the type of injury and the extent of damages.
At Barrett, Fasig & Brooks, our experienced attorneys can help you determine if you have a case as well as what level of compensation you are due. Below, you’ll find some questions we’re frequently asked. We provide answers to help you become informed. The more know, the better able you will be to decide if you need our expertise.
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What is the statute of limitations for a medical malpractice suit?
The statute of limitations varies by state, but most are between one and seven years. It’s best to pursue any claims in a timely fashion.
If I signed a consent form, does that mean I’ve waived my rights?
No. Filling out a consent form does not permit your doctor or surgeon to commit malpractice. The consent form means you are aware of the risks and complications possible with your treatment. It does not mean your doctor can treat you at a lower standard of care than another medical professional would under the same circumstances.
Does medical malpractice include medical errors?
Yes, but not every situation involving a medical error results in a viable medical malpractice case. The error must be such that no other reasonably careful physician would have made the same error under similar circumstances. Not only that, the error must result in serious injury to the patient. As a practical matter, minor injuries are insufficient to justify the time and expense of pursuing a medical malpractice case. The most common types of medical errors are misdiagnoses, failure to diagnose, failure to treat properly and unreasonable delay in treatment.
How do I get a copy of my medical records?
As a patient, you have a legal right to copies of your medical records, although you may be charged per page. To obtain your records, you must make a written request to the medical professional or facility. In your request, include your name, Social Security number, date of birth and patient number, if you know it.