Can I Sue My Doctor?
If you live in the United States, you will certainly have to sue your doctor to receive compensation for physical, emotional or financial losses you’ve suffered as a result of injury caused by a doctors negligence. Financial losses can include further medical bills and inability to work due to injury. However, not all doctor mistakes are grounds for a malpractice suit. In order to win a case it must be proven that the doctor in question deviated from the standard of medical care. This means that the mistake was one that other doctors would not have made under the same circumstances. This can sometimes be tough to prove. Don’t worry, we’ll go over the necessary steps you’ll need to take to determine that you have a case and how to sue a doctor for medical malpractice.
Gather All Medical Records
The first step you will have to take in preparing a law suit is to gather all medical records that are relevant to your case. You will need the records of the doctor you are suing, as well as the records of any other doctor who may have treated you for your new injuries. You will likely need to sign a medical release form at each doctors office, releasing all medical records to yourself.
Find a Medical Malpractice Lawyer
Select an attorney based on his experience and reputation in medical malpractice cases. Make certain that the lawyer has won other cases where a doctor was sued for negligence. Most lawyers will offer free consultation to see if your case is worth pursuing. Your lawyer should only accept payment if and when the case is decided in your favor. This is called a contingency fee.
Hire an Expert Witness
Should you go to trial, you will need the expert testimony of a medical professional who can verify that the injuries you sustained would have been due to neglect on the part of your doctor. Only if it can be proven that there was a clear deviation from the medical standard of care, on the part of your doctor, will a case be decided in your favor.
What Happens to My Doctor?
If you feel what happened was an honest mistake and are concerned about what will happen to your doctor if you seek compensation, you needn’t worry. He will still continue to practice and any money awarded to you will be paid by his medical malpractice insurance company. However, if you feel that this was not an isolated incident or that your doctor was grossly negligent and deserves to be punished or maybe even lose his license, then you can possibly file a complaint with your states medical board. They will review his case and take action as they see fit. Here’s a list of links to state medical boards for all 50 states.