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Medical Malpractice FAQ

Can a misdiagnosis be medical malpractice?

It is possible, but it must be proved that the failure of appropriate diagnosis was below the standard of care and caused significant harm that would not otherwise have occurred. A medical malpractice attorney can help review the documentation and evidence to help you determine if you have a case.

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How do I know if I have a medical malpractice case?

It is best to have your situation reviewed by an experienced medical malpractice attorney, who will review pertinent records and other evidence. This is a complex area of the law, and an experienced law firm will also be familiar with medical malpractice laws in your jurisdiction and take into account unique regulations for the medical … Continue reading

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What does “standard of care” mean?

“Standard of care” is a legal term and refers to what the healthcare professional should have done. Usually, state law states it as “what a reasonable medical provider would have done under the same or similar circumstances.”

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What is Medical Malpractice?

From a practical standpoint, medical malpractice occurs whenever a doctor, hospital, nurse or other healthcare professional commits a medical error. However, to have a medical malpractice lawsuit, the law requires that the medical error also results in harm. For example, if a doctor did not correctly diagnose you, there might be a medical error, but … Continue reading

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How do I get a copy of my medical records?

Federal law guarantees you the right to get a copy of your medical records.  Doctors,  hospitals, and nursing homes will tell you that your records are confidential but you can authorize the healthcare provider to give you a copy for yourself or to send to someone you approve (inlcuding another doctor). First, you will need to sign … Continue reading

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