A urologist diagnoses problems with the kidneys, recommends and administers treatment, and may perform surgery on the kidneys. Like most doctor's, urologists are required to perform their jobs according to a minimum standard of care. A urologist who breaches his required duty and negligently provides sub-par care can be held liable for negligence through a medical malpractice lawsuit.
Medical Malpractice and Urology
Urologists are expected to perform with the level of care that a reasonable urologist would show. This means that when treating issues related to the kidneys, the urologist must generally be more skilled and specialized than a general practitioner would be in treating the same illness or injury.
To determine if a doctor performed with a reasonable level of care, or if he was negligent, he is compared with a hypothetical "reasonable" doctor with the same speciality. If he is found to have breached his duty of care, then he can potentially be sued for medical malpractice.
Often, this turns heavily on expert opinion. A jury who is hearing a case would not necessarily know what a reasonable urologist would do. Therefore, if your urologist was negligent in some way, you will need to find other doctors, specialists and experts who can testify to this fact in court. You also have to prove:
- That you suffered injuries
- That those injuries were a direct result of the doctor's negligence. In legal terms, his negligence must have been the proximate cause of your injuries.
Recovering Damages
The amount of damages you are entitled to recover varies depending on what injuries you suffered as a result of the doctor's negligence. A more serious injury- such as a botched surgery or something that permanently damages your kidneys- would provide a larger damage award. Damages for urologist negligence may include damages for:
- Pain and suffering
- Lost wages
- Medical bills
- Emotional distress
- Punitive damages if the urologist was grossly negligent or hurt you on purpose
- Wrongful death if the patient died as a result of the urologist's negligence.
Within certain states, damage caps may limit your right to recover for damages other than those for actual financial loss. For example, in California, you are limited to recovering $250,000 for non-compensatory damages (i.e. for damages other than for medical bills and lost wages).
Getting Help
If you have been the victim of urologist negligence and suffered an injury, you should consult with an experienced medical malpractice attorney. Your attorney can provide you with specifics on the evidence you need to prove and on the potential damages you may be entitled to as a result of your urologist's negligence.
