How Do You Go About Suing A Doctor?
When someone sees a doctor for medical treatment, they expect the highest level of care. While mistakes happen, some doctors are negligent and cause great harm to their patients. Many injured people wonder if they can sue their doctors. The answer to this question is yes. The process of providing medical negligence is not always easy. These lawsuits present many challenges to injured people. Knowing how to sue their doctor is essential for injured victims, and this guide will provide them with the information they need.
Medical Errors Are More Common Than Many People Realize
Medical errors occur in all fields of medicine and can happen in many different ways. Unfortunately, medical errors often leave behind serious consequences. In 2016, the third leading cause of death in the United States was medical errors. For victims, suing the doctor allows them to pursue fair compensation for their measurable damages.
Medical negligence victims file thousands of lawsuits each year. Insurance companies pay out billions of dollars to victims. Injured victims need to know how to pursue fair compensation by suing their doctors for damages.
Understanding the Elements of Medical Malpractice Claims
It is important to note that medical malpractice claims are governed at the state level. The definition of medical negligence is the failure of a healthcare provider to provide their patient with due care. Doctors must perform the same level of care as other doctors in the community with the same training and educational background. The following are critical elements in any medical malpractice claim.
The doctor must have owed a duty of care to their patient. This exists within a doctor/patient relationship.
The doctor must have breached the duty of care.
The breach in duty of care directly caused the injuries to the patient.
The injuries resulted in measurable damages.
All of the above elements must be proven in any medical malpractice claim. Evidence becomes key when pursuing any medical negligence claim.
Reasons for Most Medical Malpractice Claims
Multiple reasons lead to medical malpractice claims. The following are some of the top reasons people file medical negligence claims.
Misdiagnosis
Failure to treat
Errors during surgery
Medication errors
Failure to warn of risks
Breach of patient confidentiality
Birth injuries
What Damages Can Injured Patients Pursue?
Injured individuals have the right to pursue compensation for their measurable damages. It is important to note that many states have imposed caps on the types of damages injured victims may pursue. Almost every state allows injured victims to receive compensation for their economic damages. For instance, their medical costs and lost wages may be sought as a part of the lawsuit.
Many states limit the amount of non-economic recovery. Non-economic damages include emotional distress, pain and suffering, and mental anguish. Individuals can sue for these, but they will find there is often a cap on the amount they can pursue.
Schedule a Consultation Appointment Right Away
If a person has suffered from medical negligence, one of the first things they must do is to schedule a consultation appointment with a lawyer. Medical malpractice lawyers help their injured clients pursue fair compensation for their measurable damages.
Injured victims have the right to pursue the negligent doctor and their insurance company. It is important to hold negligent doctors accountable for their actions. Because of the statute of limitations, individuals should consult with a lawyer as soon as possible so they do not run out of time.
