Did a negligent doctor cause you harm that impacted your quality of life? You’re not alone. In fact, about eight out of every 10 cases go to trial for medical malpractice.
Sometimes, it’s difficult to determine if you have a medical malpractice lawsuit on your hands. It’s important to make a case for yourself as soon as possible. Otherwise, you might fail to receive the compensation you deserve.
Here are three signs you can build a medical malpractice lawsuit. After reading this guide, you can contact a lawyer and make your case.
Read on to learn how to identify medical malpractice.
- Doctor/Patient Relationship
Before you can build a medical malpractice lawsuit, you’ll need to prove you had a doctor/patient relationship with the negligent doctor.
You can’t sue a doctor you met at a dinner party who gave you offhand advice. Instead, make sure you have proof of your appointment.
If you requested treatment from a doctor, it’s the physician’s duty to provide you with care. Their failure to meet professional standards of care could help your case.
- Standard of Care
Once you prove you had a doctor/patient relationship with the physician, you’ll need to prove they deviated from their duties. Did the doctor fail to meet the standard of care they’re expected to uphold?
Did the doctor provide you with the same care and utilize the same skill another doctor would have if they treated you instead?
There are many different instances that can lead to medical malpractice. For example, maybe the doctor failed to follow up after your initial appointment.
Perhaps they prescribed the wrong medication or misdiagnosed your condition. Did the surgeon make an error? Maybe they operated on the wrong limb or left a surgical cloth with the patient.
Between 15,000 and 19,000 medical malpractice suits are filed in the US each year. In order to make your case against a negligent doctor, you need to prove you have a case.
How did the doctor cause you harm? It’s rare that a doctor will start admitting fault. Consider their mistake before pursuing a lawsuit.
- Proof of Injury and Damages
Once you determine the doctor made a mistake, you’ll need proof that they deviated from the standard of care. How did their mistake cause you bodily injury?
For example, a misdiagnosis would have caused you to receive the wrong treatment or medication. If a surgeon left a sponge within the patient, it might have led to wrongful death.
To receive compensation, you’ll need to prove the doctor causes damages. Gather your lost wages (if you missed work), medical treatments, and hospital bills. You can also pursue mental and emotional losses.
Think you’re entitled to compensation? You can know more here before building your case.
Make Your Medical Malpractice Case: 3 Signs You Have a Negligent Doctor
Don’t let a negligent doctor get away with causing you pain and suffering. Instead, keep these three signs of a medical malpractice lawsuit in mind. With this guide, you can build a case to get the compensation you deserve.
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