When patients seek medical care, they expect to have their illness or injury treated competently. Unfortunately, physicians or other health care professionals sometimes cause further injuries, complications, or even death. As a medical malpractice lawyer victims trust from the Law Office of Daniel E. Stuart, P.A. can attest, if this happens to you or a loved one, you may be able to file a medical malpractice lawsuit.
What Is Medical Malpractice?
Medical malpractice occurs when a doctor or other health care professional does not meet a reasonable standard of care, and harm comes to a patient as a result. Examples include:
- Incorrect medication prescribed
- Incorrect treatment of medical issues
- Improper surgical procedure
- Delaying necessary treatment
Do You Have a Viable Case?
Some patients aren’t satisfied with the outcome of their treatment or procedure, but that is not grounds for a lawsuit. Damages must be a direct result of a health care professional’s negligence. If your situation meets all of these criteria, you may be able to sue the provider. If you are considering suing for medical malpractice, overwhelming evidence must show that:
- You were the health care professional’s patient
- The provider was negligent
- This negligence caused harm
- Specific damages occurred as a result of the negligence
Examples of damages include:
- Mental or physical pain and suffering
- The need for further medical care, which would not otherwise be needed
- The inability to work, either temporarily or permanently
Are There Many Expenses?
Medical malpractice lawsuits can be very complicated and draining, both emotionally and financially. If you don’t win your case, you will be liable for all of these costs, which can be tens of thousands of dollars. Can you afford to lose that much money? Before deciding if you should sue, determine if you can pay out of pocket for:
- Medical examinations
- Copies of all relevant medical records
- Expert testimony
- Court costs
- Attorney fees
What Else Should You Consider?
Medical malpractice laws vary. Check your state’s statutes to see:
- How soon the lawsuit must be filed after the incident that caused damages
- If the medical provider has to be notified before filing the lawsuit
- If there is a cap on monetary awards
- The qualifications for an expert who will testify on your behalf
Likely more than one attorney will question you thoroughly, and details of your life and your finances can be made public. Are you prepared for the scrutiny? It can be challenging to win a medical malpractice case. As a lawyer from the Law Office of Daniel E. Stuart, P.A. would suggest, you must carefully weigh the potential benefits of winning against the expenses before proceeding further.