If you have been wronged by a medical professional, you might be considering filing a lawsuit against them. A lawsuit can be a great way to get restitution and send a clear message that this kind of treatment is unacceptable. However, just because you had a poor experience with a doctor doesn't mean that you have grounds for a lawsuit. Here are a couple things you need to know about medical negligence.
1. The Doctor Had To Breach His or Her Duty Toward You
When you meet with a doctor there will be a scope of duty that they have toward you. For instance, you OBGYN has a duty to care for you and your baby. However, if you come in with a broken arm, they can refer you to someone else and are not responsible for treating you, unless they promise that they can. This is why it is important that before you file a medical negligence suit you can prove that it is clear that the doctor had some sort of duty toward you to treat a specific thing.
2. The Doctor Had To Be Reckless and/or Negligent
If the doctor did everything they can to treat the problem the best they could, you probably don't have a case against them. For example, if there was an emergency and the doctor did everything in their power to help, but there was still an unfavorable outcome, then you wouldn't have grounds for a suit.
However, if the doctor was being reckless in that they were intoxicated, they came to work when they weren't feeling well, or made decisions that other doctors wouldn't have made, then you might have grounds for a lawsuit.
3. There Had To Be Some Sort of Injury
If you were unhappy with your care but there was no injury because of it, then you wouldn't have a lawsuit. For example, if the doctor made a choice that didn't harm you, but that you were unpleased with, you don't have anything to sue for. Instead, there has to be some sort of injury that you can prove happened because of the doctor. You have to be able to prove that the doctor caused the injury and that without their treatment you would have been better off. If you can't prove this then there is no reason to file a lawsuit.
By understanding what you need for a medical negligence case you can decide if you have enough for file a lawsuit. Contact a local lawyer, such as Cobble Jeffrey A Attorney, for further assistance.