Can a lawyer sue a doctor for my infection?

Your lawyer can sue a doctor for your infection under some circumstances. Keep in mind, however, that not all illnesses and not all undesirable outcomes are legal issues. There are several elements that need to be proven before a medical malpractice suit can be won:

• There must be a duty of care owed to you. In the case of a doctor, that duty of care must be in keeping with the professional standards of similar physicians in similar situations.
• Next, there must be a breach of that duty. In other words, you must show that the doctor did not meet the standard of care that would be exercised by a reasonable health care professional in similar circumstances.
• Next, you must show that you suffered injury as a result of the standard of care and through the fault of the physician.

It is important that you remember that winning or even establishing a case will mean that you will need expert testimony to prove the lack of a reasonable standard of care. Attaining this is not an easy task–generally, doctors do not like to testify against their own. 

A second thing to remember is that a doctor in a rural community at a rural hospital cannot be compared to a physician from a large well-equipped city or research hospital when you are determining a reasonable standard of care. 

If you feel that you have a case and can prove the above elements, then you should seek the advice and assistance of an experienced malpractice attorney, as these cases are not only expensive but very complex.