It can be difficult to ascertain when you should sue for medical malpractice. There are many situations that lead to medical malpractice lawsuits. While many legitimate malpractice cases are never brought to light, some of the cases that are filed have no merit. Figuring out the propriety of a claim can be tricky.
When to Sue for Medical Malpractice
To establish a medical malpractice case, you must show that the standard of care you received was not reasonable based on a standard of care established by your community. Negligence is generally the main theory of a medical malpractice case. To prove negligence, you must show that:
- The defendant owed you a duty. This is fairly easy to establish if you were under a physician's care because they owe you a duty of due care in treating you.
- The defendant breached the duty they owed you. You can establish this by showing that the medical provider did not treat you the way that a reasonable medical provider would given the circumstances.
- The defendant must have caused injury to you both actually and proximately. Whether or not other intervening events or individuals may have caused your injury, you may still be able to establish causation.
- Damages. You must have monetary or emotional damages that can be equated to a monetary award. Damages can include lost wages, medical care costs, future medical treatment costs, future lost income opportunities, pain and suffering and other expenses resulting from your injury.
Some commonly prosecuted cases of medical malpractice include:
- Failure to diagnose an illness or injury which results in harm.
- Misdiagnosis which delays proper treatment or causes other harm.
- Failure to properly oversee treatment after a medical procedure.
- Mismanaging prescriptions. If you are prescribed the wrong medication or given medication which interacts with your other medication in a negative way, you may have a malpractice claim depending on the circumstances.
Other situations may warrant a medical malpractice case. If you feel that you were mishandled in some way by a medical professional, discuss your situation with an experienced attorney.
Getting Legal Advice
If you are considering whether or not to sue for medical malpractice, contact an attorney who specializes in medical malpractice law who can help you assess your case. Medical malpractice cases commonly settle prior to trial, so getting compensation for your injuries may not even require a long litigious battle. Your attorney can likely get you the compensation you deserve if you have a viable medical malpractice case.
