One question that often comes up in this day and age of harried, overworked doctors and nurses is "can I sue my doctor for a medical error?” While it is rare, doctors do sometimes make mistakes regarding a misdiagnosis of an illness, mistakes regarding what surgery should be used in certain cases, mistakes throughout the surgery as a result of negligence and even mistakes such as performing the wrong surgery on a patient. There are certain cases where you can sue your doctor for a medical error, and certain cases when it is not viable to sue.
What Types of Medical Errors Exist?
There are a number of medical errors that can lead to a malpractice lawsuit. Any time a doctor commits an error that falls short of what a reasonable doctor would have done, it can constitute a medical error that you may be able to sue for. For example, doctor’s leaving surgical implements or gauze inside a patient during a surgery, which causes an infection, is one type of medical error. Another type of medical error is a misdiagnosis, causing a patient to pursue a course of treatment that is ineffective and that may lead to more complications or symptoms as the untreated illness progresses. Another type of medical error is mixing or mis-prescribing medication in a way that causes illness or death because of unintended side effects. In general, if a reasonable doctor would not have done what your doctor did, you may be able to sue your doctor for medical error.
When Can I Sue My Doctor for a Medical Error?
Proving a medical malpractice claim for a medical error can sometimes be difficult, as you have to prove the doctor's error or omission was the actual cause of the injury or illness you suffered. You also will likely need expert testimony to help you prove your case for medical error. Another doctor or medical expert will have to testify and convince the jury that your doctor's behavior was unreasonable. It is always a good idea to get legal help when you are deciding if you can sue your doctor for a medical error, as a lawyer can help you to evaluate the strength of your case and can give you advice on collecting the evidence you need.
What Can I Hope to Recover?
Many states have put caps, or upper limits, on recovering damages from medical malpractice suits. These caps help insurance companies and doctors, who may be afraid to practice medicine in states where they can be sued without constraint for a mistake. California, for example, sets a maximum of $250,000 for non-economic losses (pain and suffering compensation), while Colorado sets $1 million on the total cost of any malpractice lawsuit, of which a maximum of $300,000 can stem from non-economic losses.
