8Things You Need to Know Before You Bring a Lawsuit Against a Doctor for Medical Malpractice Medical malpractice refers to a case brought against a doctor or physician who provides inept care. Here are eight things to know before you sue your doctor/physician for medical malpractice. Medical malpractice is also a personal injury This means it’s a type of tort litigation and if it proceeds to trial, the trial will be held in a state court. Your doctor can be tried by a jury, which will make a decision. Your damages may include pain and suffering, emotional distress, lost wages, medical bills and, in some cases, punitive damages.
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Failure to get consent is some form of medical malpractice
A Quick Rundown of Services
When you’re getting medical treatment, your physician must obtain informed consent. This means your physician/doctor must begin by explaining the procedure to you, possible side effects/risks, as well as other available options. If your physician didn’t get informed consent, you’re entitled to sue them for damages. A misdiagnosis could also be some kind of medical malpractice. If a fairly capable doctor doesn’t make an accurate diagnosis, this can be a medical malpractice. If the misdiagnosis caused you injury, you can be able to get compensation via a lawsuit. Keeping records is important Make sure you have records of all your physician/doctor told you including side effects/problems you experienced. Also keep records of the money you lost or spent due to the error. If you’re also seeking damages for pain and suffering, you also should keep a complete record of the pain and suffering you endured. You must prove that the damage resulted from the negligence If your physician failed to diagnose your heart disease and then you got a heart attack, you’re entitled to damages only if the heart attack would not have occurred if you doctor acted appropriately. If you fail to prove this, you may have a hard time recovering damages. Some states restrict your damages Some states have tort reform in place, which puts a ceiling non-economic damages. Therefore, your emotional distress, pain and suffering and any other damages that are not exactly financial loss may be limited. Your case may rely on your professional opinions When you’re in court trying to prove your medical malpractice case, you will need several skilled and qualified doctors to help you show that your doctor committed an error. If you have more qualified and experienced witnesses, you have a great chance of winning your case. Most cases are resolved out of court All doctors have medical malpractice coverage, and this coverage will likely foot the bill. The insurance companies will often make you a settlement offer in the form of a lump sum payment. If you take this payment, this means you’ll waive your right to file a suit.