Medical malpractice lawsuits are not uncommon. Many people have problems with a doctor or a medical team and end up filing a lawsuit to recoup some of their damages. What many people don't realize however is that there are certain things that you must have to file a medical malpractice lawsuit. Just because you may have had a poor experience with a doctor doesn't necessarily mean that you can or should file a lawsuit. Here are some things you need to have to file a legitimate lawsuit.
1. The Doctor Had To Have Acted Reckless or Negligent
Mistakes happen all the time. Although you might wish that a doctor was the perfect professional, there is a good chance that they will err simply because they are human. In addition, there are certain processes and protocols that they need to follow, so as long as they do everything by the book, even if the procedure had a poor outcome, there is no fault of the doctor.
Instead, in order to file a lawsuit against them you have to prove that the doctor acted in a way that was reckless or negligent. They may not have followed protocol, they might have come to work intoxicated, they might have taken risks that other doctors wouldn't and so forth. This is an important aspect of being able to prove that there was medical malpractice.
2. The Doctor Had To Have Caused The Injury
In some cases you go to the doctor and walk away frustrated because you didn't have a positive experience. However, if you had no physical injury, or no injury that you can prove that the doctor caused, you have no case. For example, if you had a surgery on your stomach and then a couple years later experienced infertility, you probably wouldn't be able to prove that the doctor caused it. Instead, you have to show that the doctor acted in a reckless way that caused you to have an injury.
3. The Doctor Had To Have Failed To Inform You Of The Risks
Lastly, if the doctor didn't inform you of the risks and get your consent to treat you then you might be able to file a lawsuit. Before any medical procedure you should be informed of the procedure, what it will entail, any risks of the process and any other pertinent information. If you don't give your consent, you may be able to sue.
If you have these characteristics as part of your case, you may be able to file a medical malpractice lawsuit with a personal injury attorney, such as Sarkisian, Sarkisian & Associates PC.Share