Do I have a legal right to sue for medical malpractice?

Answer:

There is no such thing as a legal right to sue for anything. Rather, anyone affected by another person’s wrongdoing, such as by a physician’s malpractice, has the ability to sue for their damages.

Right vs. Privilege

Access to the civil court system is based on privilege. Any individual, including non-citizens, can use federal and state civil court systems to right a wrong. Criminal courts are different; a convicted criminal has the right to certain court processes, for example an appeal of his conviction. You, therefore, do not have a legal right to sue for malpractice, but you do have the ability to do so.

A Valid Medical Malpractice Lawsuit

The privilege to file a medical malpractice lawsuit rests on the validity of the claim. A malpractice claim containing all four elements required of such a case is a valid claim. These elements are: duty, breach, causation and damages.

To prove your claim you must provide evidence that you physician acted negligently or recklessly in his treatment of you and that because of his behavior you suffered physical, mental or financial losses. A complaint that demonstrates or claims the presence of all four elements can be prosecuted in a court of law. A lawsuit that does not have one or more of these elements cannot be prosecuted and will likely be dismissed by the court.

Obtaining Legal Advice

If you believe that you have suffered damages due to medical malpractice, seek legal advice. A lawyer will review the facts of your treatment and advise you about filing a lawsuit.

References:

Hospital Acquired Infection: Patient Legal Rights

Get Informed - Medical Malpractice Laws & Information

Medical Malpractice Basics - Learn about the basic elements of a medical malpractice case.

Types of Medical Malpractice - Learn about the most common types of medical malpractice related injuries.

Key Legal Issues in Medical Malpractice Cases - Find out what legal elements must must exist for a legitimate medical malpractice case.

Diagram of a Medical Malpractice Case - Get information on the steps involved in pursuing a medical malpractice claim.

Birth-Related Medical Malpractice - Childbirth injuries are among the most common reasons a medical malpractice case will arise.

State-by-State Medical Malpractice Laws - Learn about the time limits to file a malpractice claim, limits on money damages, and other state specific laws.