Factors to Consider Before Filing a Medical Malpractice Lawsuit

By on August 28, 2019
Malpractice

Placing your health, safety, and trust in the hands of a doctor or medical professional involves many risks. Sometimes, it does not pay off and something can go wrong due to several reasons. If an error occurred due to carelessness or negligence on part of the professional, it is considered a case of medical malpractice, and you have every right to seek legal action and compensation for your pain and suffering. Filing the claim can take plenty of time and money, so you must be sure you have the grounds to make it. 

Before you hire a medical malpractice lawyer, continue reading to learn more about the factors you might need to consider for the lawsuit.   

Doctor/Patient Relationship 

One of the first elements you must establish is the existence of a traditional doctor/patient relationship between yourself and the medical professional, or that they had a duty of care to you. You must prove that the doctor had the responsibility to look after you and ensure your well-being. For instance, you would not be able to file a lawsuit against a doctor who treated you off-hours or gave inaccurate medical direction. The doctor promising to perform a task and failing to do is a simple, but effective basis of a lawsuit. 

Doctor’s Negligence 

After clearing up the relationship, the next step is to prove that the doctor was negligent to provide that same duty. You must prove that the treatment provided by the medical professional did not meet the standard of care expected of everyone in that position. Being unhappy with the results of a procedure is hardly evidence of negligence. 

Negligence Caused the Injury 

It is not enough to demonstrate your relationship and evidence of negligence. You and the legal team must also establish that any injury, pain or infection you have was a direct result of the negligence. Otherwise, anyone can claim you had these conditions before the procedure. To prove this, you should have at least one more medical professional examine and prove the connection. 

Evidence of Specific Harm

Now that you have evidence of a concrete link between malpractice and harm, you should be able to clearly define that harm in court. Some types of harm found in previous medical malpractice lawsuits include physical pain, mental anguish, and lost wages. Your lawyer can guide you through this process. 

If you have any of the above factors confirmed, you can pursue the claim for damages you are owed. Consult with your malpractice attorney to ensure you are in the right path towards success. 

 

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Factors to Consider Before Filing a Medical Malpractice Lawsuit