FAQs Archive - Buitrago & Associates, PLLC

What is a statute of limitations?

admin — Wed, 10 Apr 2019 01:37:14 +0000

A statute of limitations refers to the period of time during which a potential medical malpractice victim can initiate a lawsuit. Depending on the state and the procedure in question, this period can start from the time at which the malpractice occurs or alternatively, from the time which the victim discovers that malpractice was the cause of his or her injury. Determining the exact period of statute of limitations can be complex depending on your particular circumstance so it is important to consult a qualified medical malpractice lawyer as soon as possible to protect and maximize your interests.

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What is “informed consent”?

admin — Wed, 10 Apr 2019 01:36:41 +0000

Informed consent refers to the consent a patient gives to the doctor to proceed with a medical procedure based upon a clear appreciation and understanding of the facts, implications and future consequences of such procedure.

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Can misdiagnosis be considered malpractice?

admin — Wed, 10 Apr 2019 01:35:57 +0000

Yes! In fact, misdiagnosis is one of the primary reasons why medical malpractice cases are filed. A patient can suffer significant injuries or even death when a doctor fails to properly diagnose an injury or ailment, delays diagnosis or fails to provide any diagnosis at all.

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Can you file malpractice case against someone other than a doctor?

admin — Wed, 10 Apr 2019 01:34:58 +0000

A medical malpractice suit can be initiated against any professional or facility that provides health care. This includes doctors, nurses, technicians, hospitals and nursing homes.

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What is medical malpractice?

admin — Wed, 10 Apr 2019 01:34:24 +0000

Medical malpractice occurs when a healthcare professional such as a doctor, nurse or technician treats a patient in a manner which departs from a standard of care provided by those with similar training and experience, resulting in injury, ailment or death.

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I received notification from a law firm that I may be part of a class eligible to receive compensation for injury from a defective product, should I join the class action suit?

admin — Wed, 10 Apr 2019 01:32:42 +0000

When a product causes widespread injury to its users, class action suits is often initiated by a group of plaintiffs. When contemplating whether or not to join this class of harmed users, be sure to consult a personal injury attorney because doing so may compromise some of your rights. Our law firm can help evaluate your case and advise on the best course of action.

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What is the most common defense used by manufacturers to avoid liability in defective product cases?

admin — Wed, 10 Apr 2019 01:32:08 +0000

In many cases, manufacturers will argue that the user misused the product and, as a result of this incorrect use, injury ensued. This defense may be valid in many cases, however, it is the manufacturer’s duty to provide notification of intended use and warn of dangers of misuse. If these warnings were not expressed on the product prior to use, the defense may not hold as much weight in court.

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I was injured when using a hair dryer. If I decide to seek compensation for my injury, who can be held liable for my injury?

admin — Wed, 10 Apr 2019 01:31:35 +0000

In most cases, the manufacturing company is held liable for injuries caused by defective products. However, depending on the nature of the case, other parties may be held fully or partially liable. For example, if your product was repaired by an individual independent of the manufacturer, the repair technician may be held responsible. In other cases, the retailer of the product may be liable. To determine who is liable, you should contact an attorney who specializes in product liability matters.

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As a homeowner, what am I required to do to ensure that I am not liable for damages should someone slip and fall on my property?

admin — Wed, 10 Apr 2019 01:30:24 +0000

As a property owner, it is your responsibility to maintain a safe environment for all visitors to your property. If there is a defective condition, you must warn individuals of the hazard and correct it in a timely manner. Regular maintenance will ensure that you are aware of any unsafe condition and are able to fix it to avoid injury to others. The extent of liability, if any, can vary depending on each situation, so it is best to consult a qualified personal injury lawyer who is familiar with the specific laws of your local jurisdiction.

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What should I do if I am injured on someone else’s property?

admin — Wed, 10 Apr 2019 01:29:34 +0000

If you are injured on someone else’s property, take note of the surroundings and the hazard which caused you to fall. If you have a camera or mobile phone with photo capturing ability, try to take photos of the hazard as this may serve as evidence of the condition of the property at the time of injury. If there are any witnesses, ask for their contact information or a written statement of the accident from their perspective. If you are in a business setting, the business will probably require that you submit an accident report at the time of the incident. Be sure to retain a copy of this report for your records. In the upcoming days and weeks, keep clear records of any medical treatment needed and document any missed work which occurred as a result of you injury. Most importantly, contact a personal injury attorney who can review your case and inform you of the best course of action to receive compensation for your suffering and lost wages.

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