Medical malpractice is one of the most egregious torts, since people depend on their doctors to protect them. A doctor takes an oath to do no harm, and is expected to provide you with care and help you get better. If a doctor fails to do this and injures you in some way, you are entitled under the law to recover. To do so, though, you need to know how to hold a doctor liable for medical malpractice.
How to Hold a Doctor Liable for Medical Malpractice
Medical malpractice exists whenever a doctor provides you with care below the standard of care that a reasonable doctor would have provided you with. There are several common instances or examples of situation where doctor medical malpractice occurs. For example:
- Misdiagnosis is a form of medical malpractice if a reasonable doctor would have diagnosed you correctly
- Operating on the wrong site can be medical malpractice
- Prescribing drugs that interact badly can be medical malpractice
- Not providing follow-up care can be a form of medical malpractice
- Not getting informed consent or warning you of risks can also be a form of medical malpractice.
Numerous other situations can also constitute medical malpractice. In general, if a reasonable doctor wouldn't have done something your doctor did, he could be liable.
Proving Malpractice
To hold a doctor liable for medical malpractice and to recover damages, you will need to file a medical malpractice lawsuit in court. Tort law rules apply to such lawsuits, which means there are certain things you need to prove in order to hold your doctor liable. You need to prove:
- That your doctor breached the standard of care and provided medical treatment below the quality of treatment that a reasonable doctor would have provided
- That this breach of the duty of care led directly to injury
- That you suffered damages as a result of that injury
Often, proving doctor medical malpractice hinges heavily on expert testimony. You will need qualified and experienced professionals to convince a jury that the doctor acted unreasonably and that he should thus be held liable for the damages that arose from his breach of his duty to care for you.
Getting Help
It is a good idea to speak with an experienced personal injury or medical malpractice attorney when holding a doctor liable for medical malpractice. An attorney can help you to get in touch with experts and can help you build a case and prove your damages so you can recover from the doctor whose doctor medical malpractice caused you that harm.
