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Medical Malpractice FAQs

Introduction to Medical Malpractice FAQs

Medical malpractice occurs when a patient is injured in some way due to the negligence of the medical care that was provided. Medical malpractice can be deliberate but usually the malpractice is considered to be accidental and caused by human error. A patient who is injured by medical malpractice is able to go through the court system to be compensated for their loss. Below is a list of frequently asked medical malpractice questions.


Is a misdiagnoses considered medical malpractice?
If you have been misdiagnosed by a doctor or surgeon, it can in some cases be determined to be medical malpractice. You must be able to show that the logic the doctor or surgeon used to diagnose you was not within the normal thought process of most doctors and surgeons.

How do I know if my injuries were caused by medical malpractice?
The actual term of malpractice can be difficult to define, especially in court terms. If you believe that you may have been harmed or injured due to medical malpractice, you should gather all of your evidence and then set up an initial meeting with a solicitor who specialises in medical malpractice. He will be able to assess your evidence and determine if it meets the medical malpractice criteria.

What if my complaint is with the NHS?
If you have a complaint with the NHS, your first step is to write an official letter of complaint to your local NHS office. You should be as specific as possible and include a list of relevant questions you want answered. If their response to you is unacceptable, there is an appeal process you can go through to have your case independently reviewed. Legal action can be taken if you are still not satisfied with their response.

What is a no win, no fee agreement?
Most medical malpractice solicitors offer their clients a no win, no fee agreement where they do not charge a fee to their client unless they win the cases. Sometime a solicitor may not take a case unless he is confident that he will be able to win in court. A claimant should understand that they will likely still be responsible for court fees, medical testing and other case related fees.

What does duty of care mean?
Before a person can bring a medical malpractice suit to court, they must be able to prove that the medical professional or facility has a duty of care to provide adequate medical care to the patient. A duty of care is almost always implied unless the doctor, nurse or other is off duty, in which the evidence of duty of care can be blurred.

What were the time limits set by the Limitations Act of 1990?
The government created a set of limitations that dictate how long a person has to file a claim in the court system. For medical malpractice, a person has three years from the date of the incident or from the date that the patient found out that medical malpractice occurred. Except in certain incidents involving minors or the mentally impaired, anyone filing after the three year period will likely have their case dismissed.

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