Things to Know Before Filing a Medical Malpractice Lawsuit

If you’ve been harmed by a doctor, nurse or other medical professional who has failed to perform their medical duties in a competent manner, you may have a medical malpractice claim.

A recent example of this type of lawsuit is currently unfolding in Southern California, where a mom San Diego mom is suing her doctor and the hospital she gave birth in over allegations that the doctor performed an emergency c-section without providing her with anesthesia.

The rules about the steps you need to take before you file claim can vary from state to state, but some general principles remain the same regardless as to where you live.

You need to show a doctor-patient relationship existed

When you begin the process of filing the lawsuit, your personal injury attorney will need to be able to show that you both hired the doctor and the doctor agreed to perform medical services. Ultimately, if your orthodontist accidentally broke three of your teeth during a procedure, you can’t sue an orthodontist at a more successful practice in hopes of getting a larger settlement.

Most Naples law firms agree that proving a doctor-patient relationship existed isn’t hard.

You need to show the doctor was negligent, and their negligence caused your injury

Remember, you can’t sue for medical malpractice simply because you’re unhappy with the treatment results.

You’ll need to be able to prove that the doctor was negligent in diagnosing and/or treating your medical problem. You’ll also need to be able to show that a competent doctor would not have made the same mistake under the same circumstances.

A third thing your personal injury attorney will need to be able to prove is that this negligence caused injury.

If you go in for inpatient surgery and the surgical team forgets to remove a surgical sponge from your body, and you wind up back in the hospital with complications that are a direct result of this mistake, this would be an example of proof that medical negligence caused injury.

You’ll need to show the injury led to damages

People who have suffered physical pain, mental anguish, lost work and/or earning capacity can all sue for damages. Patients who’ve incurred additional medical bills as a result of medical malpractice can also sue for damages.

If you have questions about how medical malpractice lawsuits work, contact our Naples law firm today to speak with a personal injury attorney.