Medical malpractice is a serious matter that needs to be adequately addressed. The legal team at Pintas & Mullins proudly represents clients throughout the U.S., traveling directly to them for counsel. We have more than 50 years of collective experience navigating 10,000+ cases.
According to the Journal of the American Medical Association (JAMA), over 98,000 people die each year from injuries resulting from some form of medical malpractice. Medical malpractice occurs when a healthcare professional does not adhere to the standard of care required of them. If you’ve been a victim, we will protect your rights.
Medical Malpractice Lawyer FAQs
These are our clients’ most frequently asked questions about malpractice claims. For more specific information as it pertains to your medical malpractice settlement, reach out to one of our attorneys today.
How Do I Know if I Need a Lawyer for Medical Malpractice?
You need a medical malpractice lawyer if you have been injured or an existing injury or illness has been worsened after a preventable medical mistake. You have rights under the law, and one of those is the right to seek compensation from any parties who have injured you through a negligent act. This includes doctors, hospitals, and other medical personnel.
Do I Have a Valid Case for Medical Malpractice?
The first step in beginning a medical malpractice lawsuit is determining whether or not medical malpractice is to blame for your injuries. Three elements must be proven by your lawyer in order to establish a medical malpractice case:
- Negligent action by the healthcare provider
- Sustained injury or damages
- Injuries that were in fact caused by the malpractice
Healthcare providers include hospitals, medical doctors, osteopaths, chiropractors, and the majority of other types of healthcare professionals. Our experienced medical malpractice attorneys can help gauge whether or not your situation warrants a lawsuit.
What Are the Four Elements Your Lawyer Will Have to Prove?
You will have to submit an affidavit of merit and other documentation from a medical expert witness so that you can prove all four elements to file your lawsuit. These are:
Duty of Care
A medical care professional must have an established duty of care towards you in order to hold them responsible for your malpractice injuries. This could mean that they were your doctor or had a doctor/patient relationship with you, including consulting on your case or treating you in an emergency room or hospital.
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Standard of Care and Violation of the Standard of Care
Qualified medical expert witnesses can help document how your doctor deviated from their standard of care toward you by offering their opinion on your case. This can be done through the expert witness’s experience in a similar training or medical community as your doctor.
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The medical care provider’s negligence must have caused you to suffer injuries that were preventable. You may be required to provide expert witness testimony or have your medical records analyzed in order to prove causation.
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Documentation of Injury and Losses
You must suffer documented injuries and financial losses to have a valid medical malpractice case and recover losses. Recoverable compensation may include medical care costs, lost wages, out-of-pocket expenses, and pain and suffering.
What Damages Can Your Lawyer Claim for Malpractice?
Your medical malpractice attorneys can help you pursue the settlement or court award you deserve if you sustained injuries and losses because of medical malpractice. This recovery could include:
- Related medical care costs
- Current lost wages and benefits
- Projected future lost wages or diminished earning capacity
- Pain and suffering
- Other related expenses and losses
In some cases, the insurance company representing the doctor or hospital may offer a settlement before you file a lawsuit. If this happens in your case, we recommend reaching out to us immediately.
Without calculating a fair settlement value for your case, you are unlikely to reach an agreement with the insurer that compensates you for your economic losses and pain and suffering.
How Will a Medical Malpractice Attorney Help Me?
Your lawyer for medical malpractice will stand by your side throughout the entire claims process. We will work diligently and compassionately with you in the following ways:
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We Will Utilize the Combined Knowledge of Our Team
Our firm specifically focuses on personal injury and medical malpractice claims. That means that we have strong subject-matter knowledge while drawing upon our network of resources to help you win your case.
We Will Conduct a Thorough Investigation
Evidence is essential to your medical malpractice claim. Your medical malpractice lawyers will compile all relevant evidence to support your case, including:
- Patient records
- Medical bills
- Expert testimony
- Witness statements
We can examine your case and determine the types of evidence that might strengthen your case.
We Will Fight to Defend You
Hiring a medical malpractice lawyer gives you the tools you need to assemble a fact-based argument. We will always be on your side while using negotiation and argumentation skills that have your best interests at heart.
We Will Calculate and Pursue a Claim for Fair Compensation
Estimating the value of your case is difficult since each medical malpractice claim is unique. Your attorney will review your medical evidence, personal accounts, and expert opinions to find every opportunity for financial redress available.
We Allow You to Focus on Recovery
Your health should be your top priority, and if you’ve been injured, you’re probably dealing with a lot of stress. Litigating a medical malpractice case can detract from that since the process is overwhelming for parties who sue on their own. Working with our team can ease your mind.
You will know that we are accurately representing your interests.
We Will Be Your Strongest Advocates
Working with medical malpractice attorneys means you will not have to go after your former doctor and their legal team alone. We will request that your doctor’s attorneys direct their questions and communications to our team. This strategy ensures that your rights remain protected throughout the entirety of the case.
What Is the Average Payout for Malpractice?
In the U.S. at this time, the average medical malpractice settlement is approximately $300,000, but your case could be worth significantly less or more, depending on the circumstances. Your attorney will examine your evidence during your initial consultation and give you an estimate of your claim’s value.
How Do You Pay a Medical Malpractice Lawyer?
Many people do not hire a medical malpractice lawyer or pursue a valid claim due to financial concerns. The good news is, you can often find a legal provider that does not charge you an upfront retainer for their services.
Pintas & Mullins Law Firm offers our caring legal services on a contingency-fee-basis. That means we will fund your lawsuit for things like depositions, mediation, and expert testimony without asking for any money upfront.
Our clients never pay us upfront or out of their own pockets. We do not receive any attorney’s fees unless we reach a settlement or recover an award in your case. We only collect our litigation fees when we win your case.
What Percentage Does a Lawyer Get in a Medical Malpractice Lawsuit?
Medical malpractice lawsuits are time-consuming and complex. It’s not easy to take on a hospital in court, and that’s why these cases are more difficult than your average personal injury claim. Because of this, your lawyer may get 40% of your settlement or court award.
You will agree to the percentage your attorney requires ahead of time, so there won’t be any surprises.
Our Medical Malpractice Lawyer Case Results
Read these examples of our medical malpractice attorneys’ case results to see what we have achieved for our clients:
- $14 million for a baby who was diagnosed with cerebral palsy after a birth injury that deprived the infant of oxygen
- $4.29 million for a woman who passed away after her chest pains were misdiagnosed and she was sent home from the ER
- $4 million for a man who died after taking the wrong dosage of medication after a liver transplant, resulting in him needing a second transplant.
- $4 million for a woman whose lung was punctured during surgery, resulting in a coma and permanent damage
- $3.5 million for a veteran who became paraplegic due to a failure to diagnose his condition
- $3.35 million for a woman whose legs had to be amputated after her leg pain was misdiagnosed
- $3.2 million for a man who developed MRSA and bed sores due to a hospital’s negligence
- $2.1 million for the death of a teenage girl whose high blood pressure treatment was mismanaged
- $1.8 million for a man whose only remaining testicle was removed without his permission during hernia surgery because the doctor misdiagnosed cancer
- $1 million for a man who took his own life after being discharged from a hospital too early after being admitted for mental distress
- $1 million for a man whose cancer progressed after it was misdiagnosed as pneumonia
What Is the Statute of Limitations for Medical Malpractice?
The law in each state limits how long you can wait to take legal action against a doctor, medical care provider, hospital, or clinic who caused you to suffer preventable injuries or advanced an existing illness because of medical malpractice. This is called the statute of limitations, and it is different in each state. This time limit could be anywhere from one year to five years.
If you miss these deadlines, the court will likely bar you from pursuing legal action to hold the doctor liable. However, other statutes may apply in some cases. Your medical malpractice attorney can help you understand the time constraints that apply in your case during your free case review.
These cases also take time to build and prepare before filing. For this reason, you should contact a lawyer as soon as possible after you discover the possible malpractice. This gives your lawyer the opportunity to identify the best medical expert witness, to work with them to complete the necessary affidavit, and begin to build a case to support legal action.
A Lawyer Can Help You Understand if You Were a Victim
In some cases, the cost of taking legal action might surpass the available losses, which is probably true when injuries are relatively minor. However, it never hurts to reach out to a personal injury lawyer who specializes in medical malpractice to discuss your case.
Your lawyer can help you understand the strength of your case, the applicable deadlines, and whether they believe you should take legal action. If you believe you suffered preventable injuries because of a doctor or other care provider who acted negligently, you may have a valid medical malpractice case.
How to Choose a Good Medical Malpractice Lawyer
Questions that you may want to address during your initial consultation with a medical malpractice attorney should include:
- Their level of experience
- Whether they practice other areas of law
- How extensive their network of medical expert witnesses is
- If they charge an upfront retainer fee
- How they handle communications
- Their guiding principles in client service
- Their past case results
- What their strategy for your claim is
You and your family members should have access to the most competent and compassionate legal counsel available, so asking tough but fair questions is important in understanding what type of law firm you may be working with.
Talk to a Medical Malpractice Attorney for Free Today
Pintas & Mullins Law Firm offers free initial consultations and case evaluations. We can meet you in your home or an area hospital if necessary because of your treatment and medical condition.
We are dedicated to seeking justice on behalf of victims of medical malpractice. By holding negligent medical professionals accountable, we make seeking medical treatment safer for all patients.