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Frequently Asked Questions About Medical Negligence

1. Question: What is medical negligence?
   
   Answer: Medical negligence is committed by professional medical practitioners such as doctors, nurses, technicians, dentists, and hospital workers whose carelessness results to injuries or fatalities to patients.


2. Q: What can I do if I think I have a case for medical negligence?
   
   A: You should immediately talk to a lawyer to determine if you have a valid reason to sue your doctor. Your lawyer will also help you to obtain a “certification of merit” which is a document signed by a professional medical practitioner who will prove that your injuries have grounds for a lawsuit.
   
   You should also obtain all your medical records and give these to your lawyer.


3. Q: I am not satisfied with the result of my surgery. Can I sue my doctor?
   
   A: It depends. Courts generally perceive that medical procedures may have unexpected results and complications even if a doctor is not negligent. To have a valid case against your doctor, you should prove that his action has deviated from the standard of care that is applicable to a certain procedure.


4. Q: I have signed an “informed consent” contract, can I still sue my doctor for being negligent?
   
   A: Yes, if you have a valid reason to do so. Informed consent is a contract that tells patients about the possible risks, complications, course of treatment, and medical procedure the doctors will perform. However, this agreement cannot prohibit them to file a medical malpractice lawsuit.
   
   According to federal law, there is no contract that can release medical practitioners from their obligation to provide safety to their patients.


5. Q: My doctor performed a procedure which is not included in the informed consent. Can I file for a lawsuit?
   
   A: Yes. If your doctor has performed a medical procedure which is not included in the agreement, you can recover damages for all the injuries you have sustained.
   
   Aside from medical malpractice lawsuit, you can also file a case for battery against your doctor.


6. Q: My doctor prescribed a medicine which is still in experimental program. He did not tell me this fact. Can I sue him for doing this?
   
   A: Yes. Under federal law, your doctor has the legal obligation to tell you if a drug is part of an experimental program in which you have the right to decline if you do not want to participate.
   
   You can even have a stronger case against your doctor if your informed consent contract does not include taking a medicine which part of an experiment program.


7. Q: How does a court determine if a medical practitioner is negligent or not?
   
   A: Most decisions are based on testimonies made by professional witnesses (e.g. surgeons, doctors, nurses, etc.) who will prove if a doctor’s action has deviated from the medical standard of care.


8. Q: When should I file my medical malpractice lawsuit?
   
   A: As soon as possible. Most states (like California) follow a statute of limitation that requires patients to file their medical malpractice cases up to a maximum of three years after the date of their injuries or one year after they discovered their condition (whichever occurs first).

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