Nobody sets out to sue their doctor, but it's the only way to seek compensation in case a medical error or act of negligence causes undue injury. Anyone who has suffered an injury due to the negligence of a doctor or hospital staff member has only one legal means of obtaining compensation for their damages. Filing a medical malpractice lawsuit is not an easy decision to make, nor an easy case to prosecute, but offers victims their only opportunity to receive compensation for medical expenses, lost income, loss of health, pain and suffering and payment for any permanent disability and lost earning ability.
Can I Sue? Do I Have a Medical Malpractice Case?
Medical malpractice cases are unique in their complexity and it takes an experienced medical malpractice attorney to determine if any particular case has merit and is worth pursuing. Anyone considering bring a malpractice lawsuit against their doctor should start by considering a few elements of a medical malpractice case:
- Have you or a loved one been injured due to poor medical treatment? Is the injury severe?
- Did the doctor or hospital staff act in a way the was not up to accepted medical standards?
- Did the lack of care on the doctors part directly contribute to the injury?
- Have the medical expenses, lost income and impact on your life accumulated enough damage to try to prosecute a case that may cost $50,000 or more to pursue?
If the answer to every question is yes, then a medical malpractice lawsuit may be an option. Click Here for a Free Consultation from a Medical Malpractice Lawyer.
Legal vs. Economic Considerations of Medical Malpractice
In a perfect world, every patient that has been caused injury due to medical negligence would be able to demand compensation. Unfortunately, the reality is that only those cases where the injuries are significant can be pursued through the U.S. court system. The reason is, it is extraordinarily expensive to prosecute a medical malpractice lawsuit. If the damages don't warrant a large enough award or settlement amount, it is not "economically viable" to sue a doctor or hospital.
For example, suppose someone had surgery, and during the operation, the doctor failed to remove an instrument, or gauze. An infection occurs a week later, and the patient must undergo a second surgery to remove the object and clean up the infected area. Let's suppose the second surgery costs $10,000, and five days of work are missed, for a total economic damage of $11,000. This amount of money will likely not begin to cover the costs that a medical malpractice attorney will have to front to prosecute the case.
However, should a more severe, or permanent injury occur, or worse, someone lose their life (wrongful death), then the case will be viable. It's an unfortunate reality of the current U.S. legal system that only the most serious cases of medical malpractice will usually be successful.
Always Talk to a Medical Malpractice Lawyer First
It's not possible to determine the merit of a case without the advice of an experienced medical malpractice lawyer. Never assume you don't have a case. Most Medical Malpractice Attorneys offer a free initial consultation where you can describe your case and get the legal advice and guidance necessary to find out the best legal options for your situation.
