While doctors try to avoid medical malpractice, it's still possible to make mistakes. Of course, medical mistakes can lead to devastating consequences and concerns. Luckily, you can sue for medical malpractice, but there are a few qualifications you must meet to win a medical malpractice claim. If you would like to know more, keep reading.
1. There Was a Patient-Doctor Relationship
To sue a doctor for medical malpractice, there must have been a patient-doctor relationship. This means you went to the doctor, and the doctor agreed to treat you. In other words, the doctor you sue must have been your doctor, and they must have been treating you. You can't sue a random doctor because a paper they wrote provided advice that caused the injury.
2. The Doctor Was Negligent
The next step is to show that the doctor was negligent, which can be hard because you have to show that a reasonable doctor would have treated you differently and/or your doctor deviated from the standard treatment. For example, you suffer from back pain that could benefit from surgery. Unfortunately, your insurance doesn't cover it, and you can't afford it. If your doctor doesn't schedule the surgery, this isn't negligence. On the other hand, if your doctor ignores your condition or doesn't give you all the treatment options, this could lead to a medical malpractice case.
3. The Negligence Caused an Injury
In some cases, a doctor may make a mistake that leads to no injury. If you went to your doctor and they confused you with another patient, this could lead to major issues. However, some of those issues are harmless, such as getting a flu shot or a tetanus shot that you didn't ask for.
Of course, in many cases, that negligence does lead to injury, such as treatments you don't need. Even in the above example, if you are allergic to a specific vaccine, it could cause harm, which the doctor could have avoided by ensuring they had the right patient.
Naturally, the injury should also have specific damages, such as physical or mental pain, medical bills, and or lost income. If there are no damages, you may not get anything.
Medical malpractice can lead to serious injury and expensive damages. Proving your case can be difficult, so it's best to hire a lawyer who can help fight on your behalf. If you would like to know more, contact a medical malpractice lawyer in your area today.Share