Some Things to Consider
Medical Malpractice: Some Things to Consider
Just because your physician or another healthcare provider made a mistake about your medical care, it does not necessarily amount to medical malpractice. As the plaintiff (the person who brings the claim), you and your medical malpractice attorney will need to establish several things before you can even file a lawsuit. If you aren’t sure whether or not you have sufficient grounds for a claim, consider this:
Did the medical provider fail to live up to his or her duty of care?
You must be able to prove that the medical provider you are suing was actually your doctor and responsible for your care. A doctor-patient relationship must be established. Then, the physician owes you a duty of care. If you were in that doctor’s care, his or her duty is the same as might be expected of any other medical professional in a similar specialty with a similar educational background in the same geographic area.
Did a breach of duty exist?
Medical malpractice involves identifying an injury brought about by a breach in the duty of care that the doctor or another medical professional owes you. A glaring example might be a blatant surgical error. Still, a less obvious one might be diagnosing you incorrectly and treating a condition that you do not have while neglecting to address the one the medical provider failed to diagnose.
Was there an injury or harm caused by the breach?
You and your medical malpractice attorney have to be able to draw a direct line of causation between the breach and the injury. In some cases, this is quite obvious. In others, it can be quite complicated.
Do you have enough evidence?
The medical evidence involved must present a compelling case. Consequently, your attorney needs to bring in credentialed and reputable medical experts who are willing to provide testimony. You will need thorough medical records that document the extent of the medical error and the injuries it caused you, as well. You may not know what kind of evidence you need; however, your medical malpractice attorney will know what evidence makes a compelling case.
Who do I make a claim against for compensation?
You need to make your claim against the correct entity or person. In some instances, you can sue the doctor directly. In other cases, you might bring your lawsuit against the hospital or healthcare system. You have a defined statute of limitations in which to file your claim. This length of time varies depending on the state in which you live. You should avoid any delay and take action immediately when you have been injured or harmed at the hands of a doctor or another medical professional.
Choosing a medical malpractice attorney
When you decide to go all-in and file a legal case, your choice of lawyer can have a significant impact on your chances of a favorable outcome. Medical malpractice cases are often expensive and labor-intensive. You can improve your chances of success when you choose the right medical malpractice attorney for your needs. Although most lawyers are smart and capable, in medical malpractice, the stakes are high. If you are considering waging a legal battle to seek justice when a medical provider has harmed you, you will want a medical malpractice attorney who has tried many cases before and knows what it takes to prevail.