Medical Malpractice FAQ
1. Can multiple nurses and doctors be held responsible for my injuries?
Yes, multiple healthcare providers can be held responsible if their negligence contributed to your injuries. In many cases, joint and several liability applies, meaning that each negligent party can be held individually responsible for the full amount of damages awarded to you. For example, if a nurse failed to monitor your condition properly and a doctor misdiagnosed your symptoms, both may share liability. You can recover the full compensation from one or more of the responsible parties, and they can then resolve the division of responsibility among themselves. Additionally, the hospital itself may be held liable if systemic issues, like understaffing or poor training, played a role in your harm.
Our attorneys can thoroughly investigate your case to identify all liable parties, ensure they are held accountable, and maximize your recovery.
2. It’s been more than three years since I had surgery, but I just found out the doctor left a sponge inside me. Is it too late to file a lawsuit?
This depends on the discovery rule, which allows the statute of limitations to begin from the date you discovered or should have reasonably discovered the injury. For example, in D.C., the 3-year statute of limitations would begin when the retained sponge was discovered, not the date of the surgery. Contact an attorney immediately to evaluate your case and ensure it’s filed within the allowable time.
3. Are doctors supposed to use vacuum or forceps during delivery?
Vacuum extraction and forceps are common tools used during childbirth, but their use must adhere to accepted medical standards. If used improperly, they can cause injuries such as skull fractures, brain damage, or nerve injuries. Our team can consult with obstetric experts to determine if your obstetrician’s actions were negligent.
4. Do I still have a case if I signed a surgery consent form?
Signing a consent form does not waive your right to file a malpractice claim. Consent forms typically acknowledge risks of the procedure, but they do not absolve healthcare providers from negligence. For example, if a surgeon operates on the wrong body part or fails to follow standard care, you may still have a valid claim.
5. I couldn’t understand my doctor because I don’t speak English, and I didn’t agree to exploratory surgery. What are my rights?
Doctors are required to ensure patients provide informed consent, which means explaining the risks, benefits, and alternatives in a language the patient can understand. If language barriers prevented you from understanding the procedure, and you didn’t consent, this could be grounds for a malpractice claim. Remember that you are always entitled to ask your doctor to provide a competent interpreter so you can understand and communicate.
6. What is the standard of care, and how is it proven in a malpractice case?
The standard of care refers to the level of care and skill that a competent healthcare provider would provide in similar circumstances. Proving a breach of this standard typically requires testimony from medical experts who evaluate the actions of the provider and determine if they deviated from accepted practices.
7. Can I sue if my baby suffered nerve damage during delivery?
Yes, if the injury was caused by negligence during delivery. For example, improper use of forceps or failure to respond to signs of fetal distress could lead to nerve damage such as brachial plexus injuries. Contact us to investigate the circumstances of your case.
8. How does malpractice differ from a bad medical outcome?
Not every negative outcome is malpractice. A bad outcome must result from a healthcare provider’s negligence—a failure to meet the standard of care. For example, if complications arise despite appropriate care, it is unlikely malpractice occurred.
9. Can I sue a doctor who wasn’t directly involved in my treatment?
Possibly. Healthcare providers supervising your care or making key decisions, even indirectly, can be held liable if their negligence contributed to your injury. For instance, if a radiologist misinterpreted an X-ray, leading to a missed diagnosis, they may share liability.
10. My doctor said they followed all guidelines, but I still suffered harm. Do I have a case?
Even if a doctor followed guidelines, they may still be negligent if they failed to consider your unique circumstances. For example, if a doctor administered a drug without accounting for known allergies, they may be liable despite adhering to general protocols.
11. Can a hospital be held liable for my injury, or is it only the doctor?
Both can be held liable depending on the circumstances. If a hospital fails to properly train or supervise staff, or if systemic issues such as understaffing contribute to your injury, the hospital may share responsibility alongside the healthcare provider.
