Common Questions for Idaho Medical Malpractice Attorneys
I wasn’t aware of the risks associated with my medical procedure. Can I file a lawsuit?
It depends on what you knew and how you were informed before an operation. Strict requirements are established before patients can agree to a medical procedure. One of these requirements is fully disclosing to a patient the treatment process, post-operative and lifestyle changes, and any risks involved with the procedure. This is known as “informed consent.”
Do I still have a lawsuit if I signed a consent form?
Signing a consent form does not shield healthcare professionals from negligence nor waive a patient’s right to sue for medical malpractice. Any doctor or healthcare professional who commits negligence has failed to perform at a standard level of care.
What does “standard level of care” mean, and how do I know if it was breached?
All healthcare professionals are expected to provide a standard level of care. This means they vow to perform their duties to the best of their abilities with ethical integrity and the utmost respect for their patients. Any negligence resulting in catastrophic or even fatal damages breaches the standard level of care.
Do I still have a case if I didn’t follow my doctor’s orders?
It’s important to follow your doctor’s orders when caring for yourself or after any medical procedure. While not doing so won’t defeat your medical malpractice lawsuit if negligence has occurred, it can affect the amount of damages you are entitled to, potentially reducing the value of your claim.
How much are the attorney fees for a medical malpractice case?
Almost all medical malpractice lawyers in Boise work on a contingency basis. This means that it won’t cost any money upfront. Instead, the lawyers at Litster Frost will take on your case, investigate it, litigate it, and won’t get paid until you do, and that fee depends on the individual factors of your case. By not having to pay legal fees upfront or by the hour, you’ll be able to access much-needed medical malpractice representation.
Do I have a lawsuit if my family member died due to medical negligence?
Yes. If you are a surviving spouse or child of a victim of medical negligence, you may have a medical malpractice wrongful death case. Damages include medical bills, funeral costs, and lost income, along with compensation for the loss of love, support, and affection.
If my surgery or procedure had a bad outcome, can I sue for medical malpractice?
Not necessarily. Just because surgery or a procedure had a bad outcome doesn’t mean you’re the victim of medical negligence. The definition of medical negligence is a failure to meet a standard level of care. Determining medical negligence means proving a doctor went against what another similarly trained professional would have done under similar circumstances. Only then will you have a medical malpractice case. If you think you may be the victim of medical malpractice, it’s essential to contact the Boise medical malpractice lawyers at Litster Frost. We will help you identify whether or not you have a case.
What are the chances of me winning my Idaho medical malpractice case?
At Litster Frost, we screen all potential medical malpractice cases. This means that if we decide to take on your case, you will most likely get a favorable outcome. If we don’t take it, it’s because your case may be too difficult to prove. If we screen and accept your case, then you will probably make a good recovery.
If I had a misdiagnosis, does that mean I have a medical malpractice case?
Just because you got a misdiagnosis doesn’t necessarily mean you are a victim of negligence or malpractice. That’s why we carefully screen every case by talking to medical experts to see if they think a misdiagnosis should have occurred or if it is something that could have happened in the best of hands. Really, it comes down to the individual facts of a potential case.
Can you give me some examples of medical malpractice?
Medical malpractice, by definition, is when a healthcare professional fails to provide a standard level of care, resulting in the injury or death of a patient. There are countless examples of what is considered medical malpractice. It can range from misdiagnosis to wrong medication, inadequate treatment, and many more. Contact the Boise medical malpractice lawyers at Litster Frost to discuss your individual case if you think you are the victim of medical negligence.
What kind of medical professionals can be sued for medical malpractice?
In Idaho, victims of all sorts of healthcare providers, including, but not limited to, physicians, hospitals, dentists, psychiatrists, chiropractors, physical therapists, and more, have the right to sue for medical malpractice. Basically, anyone who is a healthcare provider in Idaho can be sued for medical negligence.
How Do I Know if a Doctor Has Been Sued for Medical Malpractice?
Unfortunately, there is no public database to search for doctors sued for medical malpractice in the past. While this would be great information before choosing a medical professional, no such database exists.
However, a good way to figure out if a doctor has been sued for medical malpractice is to search the Idaho repository in the county where they currently practice or have practiced in the past. This allows you to search case records using a party’s name to search for a physician. If a doctor has been sued for medical malpractice in the state of Idaho, this information can be helpful to your case.
Another way to find out if a doctor has been sued is by contacting a medical malpractice lawyer in Boise who can help you find that information.
Does medical malpractice happen at major hospitals in Idaho?
Yes. Unfortunately, medical malpractice can happen anywhere, including all major hospitals, doctor’s offices, or other healthcare facilities in Idaho. While Boise has some of the best medical care in the region, Litster Frost has represented victims who’ve experienced medical negligence in the local area.
Is an infection considered medical malpractice?
Infection is a common medical condition that can occur with or without medical malpractice. Infection isn’t usually the cause of a medical malpractice case. However, if an infection developed due to improper wound care practices, improper follow-up care, or if a physician failed to treat an infection they knew about, these circumstances may lead to a medical malpractice case.
How long do I have to file a medical malpractice lawsuit in Idaho?
In Idaho, victims of medical malpractice must file within two years of the date they discovered or should have reasonably discovered an injury due to negligence. This means that the Idaho statute of limitations won’t start until an injured patient learns or should have learned of a medical error and the existence of a potential medical malpractice case.
