What are the circumstances under which you can sue a doctor?

To sue a doctor for medical malpractice, you must be able to prove that he was negligent and that his action or inaction was the cause of the injury or death.  To meet the legal requirements for lawsuit, the claimant must prove the following four elements:

1. Duty of care—A doctor/patient relationship exists and the doctor owes the patient a duty of care
2. Breach of duty—The doctor deviated from the normal standard of care, which breached his duty
3. Causation—You must prove that the breach of duty caused your injury
4. Damages—You must be able to show that the injury has caused financial consequences

The malpractice laws vary in each state and the statute of limitations (the time in which you have to file a lawsuit) may be very short.

Not all medical mistakes are malpractice.  However, if you or a loved one has suffered an unexpected serious injury or death, you should seek legal guidance from an experienced medical malpractice attorney.

Talk to a Medical Malpractice Lawyer to find out if your sons injury could stand a good chance as a civil lawsuit.

Good luck.