- Home
- About The Firm
- Do I Have a Medical Malpractice Case?
- Types of Medical Malpractice Cases
- Choosing your lawyer and working with him effectively
- When Do I need a Lawyer for My Medical Malpractice Case?
- How Do I Choose My Lawyer?
- What Questions Do I Ask When Choosing a Lawyer?
- Meeting With Your Lawyer
- How Do Lawyers Determine the Value of My Case?
- How Do I Effectively Work With My Lawyer?
- What is the Attorney Client Privilege?
- What are the Ethical Rules for Lawyers?
- What is a Contingency Fee?
- When and How Do I Fire My Lawyer?
- Screening the case
- Recoverable Damages in Medical Malpractice Cases
- Fees and Costs in Medical Malpractice Cases
- The Legal Process
- Medical Review Panels
- Litigation, Trial and Appeal of Medical Malpractice Cases
- How Does My Case Proceed?
- What is Discovery
- What is Evidence?
- What Motions Are Filed in My Case?
- The Value and Settlement of My Case
- Will my Case Likely Settle?
- Do these Cases Often Settle?
- How Do Lawyers Determine the Value of My Case?
- Settlement Evaluations
- Physician's Consent to Settle the Case
- Reporting of Physician to National Databank
- How Do Insurance Adjusters Settle Cases?
- What is Mediation?
- How Do I Know If I Have a Good Settlement Offer?
- The Trial Of My Case
- How Does The Appeals Process Work?
- Does the Supreme Court Get to Hear My Case?
- Media & Press
- Verdicts and Settlements
Types of Medical Malpractice Cases
There are many different settings in which medical malpractice can occur. The type of case that needs to be filed is often dictated by the setting in which the malpractice occurred. For instance, cases which involve allegations of medical malpractice against Veterans Administration doctors and hospitals have different rules than cases against State run hospitals. These cases are filed in federal court pursuant to a Federal Law called The Federal Tort Claims Act.
Similarly, many states provide different rules and immunities to State run or public hospitals and doctors than they have for private doctors and hospitals. Often, cases against public hospitals and doctors have notice requirements that must be fulfilled before instituting any action against them. In some States, the time to file a claim against a State of public facility is less than for the same claim against a private facility. There may also be more limitations on recovery from State hospitals and doctors in some States than there is against private hospitals and doctors.
Prison medical malpractice cases involve a completely different set of rules and requires different experts than in most generic medical malpractice cases. These cases can be further complicated by problems with witness credibility and access to records. Some States even provide limited immunity to prison medical facilities. Some of these cases may have remedies under federal law, which would allow a case to be brought in federal court.
Medical malpractice cases which arise from care rendered on cruise ships may also present a different set of rules by which the case is governed. This is especially true if the patient is a crew member.
Choosing an attorney with experience in these cases may be the most important decision you can make in considering whether to bring a claim for medical negligence.






