When you get ill, you put your trust in the medical professionals that are charged with your care- after all, doctors take an oath to do no harm. But what happens when they make decisions that actually cause you harm?
Medical malpractice happens when patients are harmed by doctors or other healthcare professionals that fail to carry out their medical duties with competence.
If you’ve been harmed as a result of any treatment you’ve received, how do you file a lawsuit?
In this guide, we’ll discuss how to sue a doctor.
What Are the Most Common Types of Medical Malpractice?
There are several different types of medical malpractice lawsuit, these include:
- Failure to diagnose – This occurs when a doctor misdiagnoses or fails to diagnose a condition and your health deteriorates as a result
- Failure to discuss known risks – If you’re provided a course of treatment and you suffer adverse side effects that you weren’t pre-warned about your doctor may be negligent
- Improper treatment – This occurs if your doctor is incompetent or administers a procedure in a reckless manner
Understanding the types of cases will help you identify whether you have a claim.
Speak to a Medical Malpractice Lawyer
If you believe you’re a victim of medical malpractice, the first thing you’ll need to do if you want to sue your doctor is to speak to a lawyer.
A reputable medical malpractice law firm will discuss your case and ask the right questions to ascertain whether you have a valid case.
Understand the Statute of Limitations
Every state has different rules, and it’s important to know the statute of limitations in your jurisdiction. In some states, this may be as little as two years. This will let you know how long you have to file your lawsuit.
Send a Notice of the Lawsuit to the Doctor
Filing a medical malpractice lawsuit isn’t just a case of communicating with the court, you’ll need to let the doctor or medical practice know of your intention to sue. Once you have provided notice, you may have to wait for a period of time before filing the lawsuit.
Obtain an Affidavit From an Expert
Expert opinions should be sought to give your case some credence to your claims. Providing an affidavit or a certificate from a certified expert is often a requirement in many jurisdictions.
Satisfying Legal Standards
Once you’ve met the notice and other prerequisite requirements, you’ll need to be able to prove that the doctor was indeed negligent. The standard of care provided by the doctor should equal that of any other equally-qualified medical professional acting under the same condition.
How to Sue a Doctor
If you want to know how to sue a doctor, the first step will be to hire a medical malpractice lawyer who will be able to ensure you meet the requirements to be able to bring such an action to court.
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