Common Medical Malpractice Questions

Q: I had surgery done, and I am just not happy with the results.  Can I sue?

A: Not generally.  Medical procedures don’t come with a guarantee of results.  For that reason, not getting the results you want or expect does not necessarily mean that it was the result of negligence.  To have a solid case in a medical malpractice lawsuit, you have to be able to prove that injuries or damages occurred due to mistakes on the part of medical personnel, and that they deviated from standard protocol and treatment.  If you are not sure, contacting a knowledgeable team of medical malpractice attorneys here in Fresno can help.

Q:   My doctor had me taking this medication, but didn’t tell me that it was experimental.  What can I do?

A: Doctors are obligated to inform their patients about the medication they are prescribing… and that includes disclosing information regarding experimental drugs.  All patients have the right to refuse participation in experimental drug programs, and can file a complaint against physicians based on their failure to have informed consent if they consume experimental medicines without knowing. 

Q: I signed a consent form prior to my medical procedure.  Can I still collect damages?

A: You might still be able to file a medical malpractice suit, even if you signed a consent form.  Such a form does not absolve a doctor of liability.  If their negligence can be evidenced, and you suffered injury or damages because of it, then you can file suit to be compensated for those damages.  You might also be able to file a claim if you can prove that your doctor operated beyond your level of consent.

Q:   It’s been a while since the incident in question occurred.  Can I still file a claim?

A: Maybe.  Each state has a statute of limitations that governs how long you have to file a medical malpractice lawsuit.  Call the Fresno medical malpractice experts in our firm to find out what your rights are in the state of California.  We can evaluate your case for free and advise you of how long you have to file a claim.  You cannot delay in the filing of a claim – act now to preserve your rights.

Q: How long will it take to settle my claim?

A: The amount of time it takes to settle your medical malpractice suit will depend on several factors and the specific aspects of your case.  The majority of cases take between three and eighteen months to settle; however the amount of time will vary according to the complexity of the issues surrounding your case.  We will work to get you a judgment as quickly as possible.