Everyone wants to think they’re safe under a doctor’s care, but that’s not always true. Learn what to do when considering suing for medical malpractice here.
Medical procedures and exams go well most of the time. However, nobody is perfect, and things will go wrong sometimes.
Negligence is more common than you think. Believe it or not, medical malpractice is the third leading cause of death in the United States.
If you’re suing for medical malpractice, there are a few things you need to know. Follow the steps below to start your malpractice case the right way.
1. Talk to a Lawyer
You need to understand what you need to do before you start a medical malpractice case. The process is going to be long and complicated. You may not be able to find all the information yourself.
Make sure you find a lawyer experienced in malpractice to help. They will be able to guide you through the whole process. You won’t need to worry about missing the small details.
2. Collect Your Medical Records
You need to know what your health issues are before you can start your case. Collect all your medical information from your doctors, so you have the information you need.
You can sign your records over to your lawyer to examine. They have doctors they work with who can review your records. They will tell you for sure what went wrong and where.
3. Prove Negligence
You can’t start a malpractice case without having proof of negligence. There are several things you need to prove for your case.
Duty of Care
A doctor can’t be held liable for malpractice if they had no responsibility to care for you. You need to prove that you were in their care.
Breach of Duty
Every doctor or nurse has a certain standard they must adhere to. It’s up to you to prove that they failed to do so. You can’t just be unhappy with your treatment.
Negligence Caused Harm
There are a lot of complications with medical care. Since you are likely already sick when visiting a doctor, you need to prove that your condition isn’t a result of your previous medical history. Your medical problems need to be a direct result of the action or inaction of your doctor.
3. Calculate Damages
You need to calculate damages once you have the proof you need for your case. The good news is there is a standard way to do this. Make sure to consider all the following with your total for damages:
- Medical bills
- Lost wages
- Travel to doctors
- Future medical bills
- Punitive damages
- Pain and suffering
4. Reach Out to the Insurance Companies
You won’t sue a doctor directly for medical malpractice in many cases. They will be covered by insurance in these situations.
Reach out to these companies before you start your lawsuit. If it’s clear that you have a case, it may be worth it for them to settle things out of court.
Suing for Medical Malpractice Isn’t Easy
It isn’t an easy process if you’re suing for medical malpractice. You’re going into a lengthy and costly process. Make sure you understand what you’re getting into, so you have the best chance of bringing a successful case to the courts.
Do you want to learn how to find a lawyer who will help you win your case? Head back to our blog to see our best tips for finding the best lawyer for the job.