Should I consider the doctor's welfare when deciding to sue?


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Question:

Should I consider the doctor's welfare when deciding to sue?

Answer:

No one likes to be litigious and file a lawsuit. It is unpleasant and you may feel as though you are doing something wrong or doing something to hurt your doctor when you do so. This may especially become an issue if you were hurt, but you recovered- after all, answering the question of can I sue for medical malpractice without permanent harm done is often not as straight forward as answering the question of whether to sue when harm is permanent.

However, while you may want to consider your doctor's welfare, ultimately, if you were hurt or injured in any way by a doctor's negligence, you should strongly consider suing. There are several reasons why filing a lawsuit to get your damages may matter more than worrying about the doctor's welfare:

  • Your doctor hurt you- negligently. If he is not practicing medicine at an appropriate standard, he could hurt someone else. By filing suit, you may be able to help prevent this from happening if he is found liable and then is more careful the next time (or if he's found liable and no longer able to practice after because his medical malpractice carrier won't insure him)
  • Your doctor has insurance- so you aren't taking money out of his pocket personally

Whenever you are unsure about any aspect of a medical malpractice case, you should consult with a lawyer. Your attorney can help you to get your damages and can assist you in making decisions about when and how to sue.

This site does not provide legal advice and users of this site should not interpret any of the information presented here as legal advice. The information provided merely conveys general information related to commonly asked legal questions. We are not a law firm and the employees responding to questions are not acting as your legal attorney. You should ultimately consult with a Lawyer for your case.


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