Medical Malpractice FAQs

March 3, 2021

Our personal injury lawyers help defendants get the compensation they deserve after an injury caused by someone else’s negligence — including medical malpractice. In today’s blog post, we’re answering a few of the commonly asked questions we get regarding medical malpractice. If you aren’t able to find what you’re looking for here, visit our Medical Malpractice Page or schedule a consultation with a McCue Law Office personal injury lawyer in Bangor. We’ve been serving clients across Maine for more than 35 years, and we’d be more than happy to talk with you about your legal options!

What is medical malpractice?

Medical malpractice is when a hospital, doctor, or other health care professional causes injury to a patient through a negligent act or omission. This negligence can be the result of a variety of things, including errors in diagnosis, treatment, or health management. 

Is medical malpractice difficult to prove?

It can be difficult, time-consuming, and expensive to win a medical malpractice case. You need to demonstrate to a jury that a health care provider acted unreasonably as well as demonstrate that that negligence (rather than an underlying illness or injury) is what harmed the patient. 

How often are medical malpractice cases settled out of court?

Over 90% of medical malpractice cases are settled outside of court, primarily because going to court is expensive and time-consuming for everyone involved. In general, cases go to court only when neither side can agree on a settlement amount.

What are the top causes of medical malpractice?

  • Misdiagnosis or delayed diagnosis 
  • Childbirth and pregnancy care
  • Anesthesia 
  • Informed consent
  • Infection 
  • Medication errors
  • Surgical errors

What type of damages can I pursue?

In personal injury cases, including medical malpractice cases, there are three types of damages you can pursue: economic damages, non-economic damages, and punitive damages. Economic damages are awarded so that victims can recover financial loss associated with their injuries, which can include loss of income, medical expenses, and personal care costs. 

Noneconomic damages, on the other hand, are damages that are difficult to assign a monetary value to. They include general pain and suffering, including mental distress. Punitive damages are awarded to punish the defendant for criminal conduct that led to personal injury. These are very rarely awarded and the conduct must be proven to be malicious or reckless. A qualified personal injury lawyer can help you seek these damages. 

Do I have a case for medical malpractice?

As every case is different, we can’t answer that question here! Schedule a consultation with a personal injury attorney to discuss your unique situation. 

McCue Law Office – Bangor-Based Law Firm

If you are in need of an experienced attorney, McCue Law Office can help. We have more than 35 years of experience serving clients in the state of Maine and we have attorneys with a wide range of specialties. When you choose to hire our law firm, there’s no risk to you, since we work on a contingency basis and don’t get paid unless you do. Schedule a free consultation and see what sets our law firm apart.

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