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Common Questions

01 How do I know if I have a case?Because medical malpractice law is very complex, the best way to know is by talking to an experienced medical malpractice lawyer. Be sure to tell the lawyer exactly what happened to you, from the first time you visited your doctor through your last contact. What were the circumstances surrounding your illness or injury? How was it treated? What were you told about your treatment? Did you follow the doctor’s instructions? What happened to you? Answers to these and other relevant questions are crucial if you believe your doctor is at fault.

02 How do I gather evidence for a medical malpractice case?In many cases, you will not be able to gather the evidence necessary to document negligence in a medical malpractice case. Your attorney will likely have more access to medical records than you will. The attorneys at McCarthy & Edwards are experienced in this type of litigation and will know what you need for your case.

03 Who can be sued under medical malpractice laws?Any health care professional who is in a position of trust, is licensed and provides professional medical service to you. This includes the doctors, nurse practitioners, or hospital staff. Lab or x-ray technicians with certain qualifications for operating advanced medical equipment or interpreting results of tests, as well as a facility or company, may also be liable for malpractice. Many times, a hospital, an ambulance company, a pharmacy or a nursing home will be subject to tort law – even a class action lawsuit.

04 Will I have to go to trial?The majority of personal injury cases are settled before ever going to trial, but sometimes settling out of court is not an option. A few reasons for this may be: the defendant does not offer a settlement, the defendant only offers an unreasonable settlement, the plaintiff wants to go to trial, Liability or damages are disputed.



Not every case needs to go to trial, but if a trial is necessary we will fearlessly fight for your rights. We pride ourselves as Trial Lawyers. As a former prosecutor and defense trial lawyer Jeff’s career has been in the courtroom trying cases. We are not intimidated by the thought of trial and welcome the opportunity to present your case to a jury if needed.

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