Medical Malpractice
Do I need to retain an attorney in a medical malpractice case?
Yes. Medical malpractice cases are complicated and are invariably hard-fought. It would be extremely difficult, if not impossible, for a layperson to have the necessary expertise to prepare and, try a medical malpractice case.
Will this hospital close, this doctor leave town, or this business shut down if we find that the plaintiff should be compensated?
In almost every situation where a doctor, clinic or hospital has been sued for “malpractice,” or a business sued for a negligent act, the defendant has a policy of insurance to pay for any judgments against him/her/it. In Nebraska, there has not been a single recorded case of a doctor leaving town, or a hospital, clinic or business shutting down because of a jury verdict against it.
What is the Statute of Limitations for filing a claim for medical malpractice in the State of Nebraska?
For medical malpractice, the general Statute of Limitations is two years; however, in some cases a letter of contact is required within one year of the incident in question. Specific cases may have other time limits applicable to them that would be shorter than the two years respectively. In addition, the date on which your claim arose can affect the length of the Statute of Limitations because of changes in the law. There are exceptions to the malpractice Statute of Limitations with respect to the date the malpractice was discovered. If you feel you have been a victim of medical malpractice but are unsure if you are still within the Statute of Limitations, contact our lawyers and set up a free consultation to answer your questions.
How do I know if I have a valid medical malpractice case?
Generally, the only way to make such a determination is to have the case reviewed by an experienced medical malpractice lawyer who in turn will consult with medical experts in the field.
What is meant by “a breach of the standard of care” in a medical malpractice case?
Standard of care is the expected method of treating a condition, injury or disease. Failing to follow that standard of care is negligence or in other words, medical malpractice.
Can I sue a doctor for malpractice even though my case did not involve a surgery?
Absolutely. For example, failing to identify and treat a disease like cancer can give rise to a claim.
What damages can I recover in a medical malpractice case?
Where injury results, the damages include medical bills, both past and future, wage loss, both past and future, and past and future pain and suffering, as well as any disfigurement caused by the malpractice. In wrongful death cases, damages include medical bills, loss of support for family members, and loss of the aid, comfort, society and companionship that the deceased person would have provided to the family members had he or she lived.
If the consent form I signed prior to a procedure is considered valid, can I recover any damages in a malpractice action against my doctor?
Yes. All that the consent form is doing is indicating that you have been informed of the risks of the procedure. If the doctor is negligent in performing the care or surgery, you may still recover damages against that physician.
Contact us for a free initial consultation on your case and an honest assessment of its merits.
For your convenience, we offer home, hospital and nursing home visits. Our team of professionals at Hauptman, O’Brien, Wolf & Lathrop will provide you with the experience, strategy and commitment that protect your rights and claims.
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