2 Things You Need To File A Medical Malpractice Lawsuit
If you have been harmed by a medical professional, you are probably considering filing a medical malpractice lawsuit. A lawsuit may be a great way to send a strong message that the treatment you received is unacceptable. However, just because you had a negative experience doesn't always mean that there is a legitimate lawsuit. Here are a couple things that must be present to merit a lawsuit.
1. There Had To Be A Provable Injury
There may be times when the treatment that you received was less than ideal. During this time you may be frustrated with your medical staff or with your doctor; however, being frustrated or unimpressed with your treatment is not a reason for a lawsuit. Instead, there has to be some sort of injury that you sustained because of the medical staff's treatment. This means that if you had a surgery, and during the surgery the doctor made a mistake that caused you to have more surgeries to correct it, this could be grounds for a lawsuit. This is because the doctor caused your injury and subsequent surgeries. However, if you just had a negative experience but experienced no harm, this is not grounds for a lawsuit.
In addition, you also have to be able to prove that the injury was directly related to the doctor's actions. For instance, if you had surgery on your foot, and then experienced headaches later, you may have a hard time proving that the two are related. Unless you have proof that the injury was caused by the doctor, you may not have a legitimate lawsuit.
2. The Doctor Had To Be Reckless Or Negligent
Doctors are human, and they make mistakes and have unfortunate outcomes because it is human nature. This is usually not reason for a lawsuit. For example, if the doctor did everything that they could to ensure that you had the best outcome possible, and still something went wrong, you may not be able to blame the doctor. Instead, the doctor had to have acted in a reckless and negligent way toward you. For example, if other doctors said that they would have done the exact same thing in the same situation, then you probably have no case. However, if the doctor who treated you made choices that were against protocol, took risks, or came to work without being properly prepared, you could file a lawsuit.
By understanding what is required to have a medical malpractice lawsuit, you can decide if pursing this course is right for you. Speak to local personal injury lawyers to determine if you have a case.