Can I sue a doctor for pain and suffering?

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Question:

My daughter recently had very painful back surgery and was in intensive care for several days.  When she was released from the hospital, the doctor had decreased her pain medication substantially.  She ended up being readmitted to the hospital because the pain was so excruciating.  Can we sue the doctor for the pain and suffering he caused by not properly managing her pain?

Answer:

Medical malpractice is where the healthcare provider did not provide treatment consistent with acceptable and customary practices of medicine.  The are four requirements you must prove for a successful malpractice claim:

  1. The doctor or healthcare provider was responsible for treating you
  2. They did not provide the required treatment or provided incorrect treatment
  3. You were injured
  4. Your injury was caused by the failure of the healthcare provider to provide the required treatment

You may be entitled to obtain damages if you can prove your case has those four required elements.  There are two types of damages you may be awarded, which include:

  • Economic damages - Medical bills, medication costs, lost wages
  • Non-economic damages - Damages for inconvenience, and pain and suffering

You should contact a lawyer who specializes in medical malpractice law so they can review the details of your case and offer you their legal opinion regarding filing a lawsuit.

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