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Medical Malpractice and Hospital Negligence FAQ

What is medical malpractice?

Medical malpractice is negligence committed by a professional health care provider a doctor, nurse, dentist, hospital or hospital worker whose performance of duties departs from a standard of care of those with similar training and experience, resulting in harm to a patient. It can result from a failure to act or from acting improperly.


Do I need a lawyer to pursue a medical malpractice case?

Yes. Medical malpractice cases are very complex and difficult to pursue, and can be quite expensive to litigate.


What is negligence?

Negligence is the failure to use reasonable care, or a failure to use the same degree of care that a reasonable doctor would use under the same circumstances. Evidence of negligence is the basis for responsibility in most medical malpractice and wrongful death cases.


What sort of damages can be recovered from a medical malpractice lawsuit?

Medical expenses for treating the injuries caused by the malpractice; damages for pain and suffering; disfigurement and disability damages; lost wages and ability to earn wages in the future; in appropriate circumstances, the law permits damages to be recovered by spouses, children and parents of negligently injured people for the loss of the love, care, affection, companionship and other pleasures of the family relationship lost due to malpractice.


Who can be sued for medical malpractice?

Medical malpractice is not limited to medical doctors. It applies also to nurses, dentists, osteopaths, health-care facilities, and government agencies that provide health-care services.


I signed a consent form. Have I waived my right to bring a malpractice claim?

No, not necessarily. A consent form can be an indication that you were informed of certain risks and complications associated with your procedure or treatment, but it does not give the doctor or hospital a license to commit malpractice or to otherwise act in a negligent manner.


Will I have to pay an attorneys fee if I dont win the case?

All of our cases are taken on a contingency-fee basis, which means that you do not have to pay an attorneys fee unless we obtain compensation for you. The fee is based upon a percentage of the amount recovered after deduction for expenses incurred.


What if my insurance company or Medicare/Medicaid paid for the treatment that I believe was malpractice. Can we make a claim even though no monies actually came from my pocket?

Absolutely. It makes no difference who paid for the medical expenses. Health-care providers are required by law to render care and treatment based on the acceptable standard of care.


What if I was admitted as an emergency to the hospital and I do not know the names of the doctors because they were not my regular doctors?

All doctors, nurses and health-care providers are required by law to document in the medical chart who did what, when and why. There will be a record of the treatment that you received that can be obtained with your written authorization.

Lozner & Mastropietro is dedicated to representing victims of medical malpractice and hospital negligence. If you have been injured or a loved one killed as a result of medical malpractice or hospital negligence or you simply need more information, please contact us at 1-718-615-0044 or click Tell Us About Your Case.

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