How to Sue a Doctor

Cases of medical or hospital negligence often go without any form of legal remedy because many people are either unaware of their right to file suit, or reluctant to sue for damages. Patients injured by negligent medical treatment are granted the legal remedy of demanding compensation for damages through a medical malpractice lawsuit. In order to do so, several elements, legal and financial, must be present in the case.

How to Sue a Doctor or Hospital for Negligence

1. Legal Elements of a Medical Malpractice Lawsuit
2. Amount of Money Involved
   
3. Talk to a Medical Malpractice Lawyer
4. Medical Lawsuit and Settlement Negotiation

Legal Elements of a Medical Malpractice Lawsuit

In order to have a valid case for a medical malpractice lawsuit, there are four elements that must be shown through the evidence:

1. A Doctors Duty to the Patient

The first legal element is called duty, and establishes the fact that the doctor was required by civil law to treat the patient to the accepted medical standard of care. This is the easiest element to prove, because any time a patient go to see a doctor for any reason, and the doctor treats the patient, duty has been established.

2. Breach of Duty: Medical Negligence

Medical negligence occurs when a doctor fails to do his or her duty and treat the patient according to the medical standard of care.

3. Damages: Injury to the Patient

In order to have a valid medical malpractice claim, some form of damages must have occurred for which the lawsuit will demand compensation. It is required that the patient suffer some type of injury, and the level of injury and other damages will determine the amount of money that will be demanded through the lawsuit.

4. Causation: Negligence Caused the Injury

The fourth requirement is the ability to show how the doctors negligence directly caused the injury to the patient.

For both the second and fourth elements, a neutral third party medical professional must be consulted to show how the doctor was negligent in medical treatment, and how that negligence resulted in damages to the patient.

Amount of Money Involved

Medical malpractice lawsuits are notoriously expensive to prosecute, so it's important that the damages involved in the case warrant a significant award. Often times, a patient will try to sue a doctor for some small injury that occurred due to negligent medical treatment, only to find that it would cost more money to file the lawsuit than the damages would win them.

Although many successful malpractice cases end with awards or settlements in excess of millions of dollars, they always involve permanent injury or death. Most cases will settle out of court for several hundred thousand dollars. The average medical malpractice lawsuit settles for about $450,000.

If the injuries can't warrant an award of $50,000 or more, then it may not be worthwhile to pursue the lawsuit. Only an experienced medical malpractice lawyer can determine the value of any particular case, but in general the following types of damages will be considered in the amount of money demanded:

1. Medical Expenses
2. Lost Income
3. Future Lost Earnings
4. Pain and Suffering
5. Any Potential Future Medical Expenses of Cost of Care

If the amount of money for all these elements is substantial, then a medical malpractice lawsuit can be filed.

Talk to a Medical Malpractice Lawyer

Only an experienced medical malpractice lawyer has the knowledge and legal skill to successfully prosecute a lawsuit against a doctor. Doctors will be represented by medical malpractice defense attorneys provided by their insurance company. These defense lawyers have many ways of defending lawsuits against their clients, and they will do everything possible to minimize the amount of money the insurance company will have to payout to the injured patient.

Having a medical malpractice lawyer with experience in malpractice suit litigation will ensure the injured patient gets the largest award or settlement amount allowed by law.

Most medical malpractice lawyers offer patients or their family members a free consultation, where they can hear the details of the case and offer their legal advice and expertise regarding options for getting compensation.

How Much Will the Lawyer Cost?

Medical malpractice lawyers typically work on a contingency basis, meaning their fees are only paid once the lawsuit is successfully settled or won at trial. This means injured patients and their families don't have to pay for any legal costs up front. Instead, the medical malpractice fees will be paid as a percentage of the settlement or award amount.

Medical Lawsuit and Settlement Negotiation

Once the lawsuit has been filed, the doctor and medical malpractice insurance company will be notified. They will have their own investigation into the case, and will attempt to settle the suit out of court for as little money as possible.

An experienced medical malpractice lawyer will not settle a case for a small amount, and will instead fight the case in court. The defense attorneys will likely offer a much larger settlement amount if they know that the patient is being represented by a lawyer with experience in medical malpractice trial litigation.

Always talk to an experienced medical malpractice lawyer before making any decisions regarding whether or not you should sue your doctor.