Can you sue your doctor? Yes, in some circumstances, you can have a legal claim against your medical professional for malpractice. 

However, keep in mind that medical malpractice cases are difficult to manage, expensive, and hard to win. If you think you have a malpractice claim, speak with an experienced lawyer in your area. Unfortunately, medical errors can happen, no matter how hard you try to avoid them. In 2016, medical errors were the third leading cause of death in the USA. Medical malpractice cases can reach between 15,000 and 19,000 annually – 1 in 3 doctors are sued at least once in their lifetime, whether because of surgical errors, misdiagnosis, etc.  

Medical malpractice claims are administered by law. Malpractice is the failure of a doctor to take care of a patient or fail to provide the necessary treatment. 

To start a malpractice claim, you must show that the doctor-patient relationship was broken, as it directly caused you injuries and other health damages. A doctor must provide the same level of medical care to all patients. It may sound like a medical standard, but it’s actually a legal responsibility. 

Reasons for Medical Negligence Claims

Medical negligence can happen in many contexts, like in a doctor’s office, or in the hospital. Medical malpractice involves:

  • Failure to treat
  • Misdiagnosis
  • Medication error
  • Failure to properly inform the patient
  • Birth injuries
  • Breach of patient confidentiality 

There are many challenges when it comes to medical malpractice. First, no matter in which state you are, you can’t file a medical malpractice case unless you have a proper review of medical records that show you’ve received negligent care. You can’t have a medical malpractice case without having an expert lawyer ready to fight on your behalf.

Find an Expert in Medical Negligence Law 

Anyone has the right to be treated properly, and safely, and receive effective treatment when they visit the medical office. Whenever you go to your doctor, don’t forget that they have the strict duty of treating you with professionalism. If something ever goes wrong because they haven’t done their job properly, it’s something that could leave you with severe injuries. In such cases, a medical claim may be applied. Specialists from Medical Negligence Law are here to help and provide you with free legal advice about how to make a negligence claim. Check the website page, you may find a lot of useful guides that may answer your questions. If you want to know more, please get in touch with a friendly and professionals adviser by calling, writing an email, or sending a message on the live chat. 

As mentioned, medical malpractice laws are tough to win. Around 80% of the cases are lost, as patients often decide to represent themselves in the trial. Without an expert witness, it can be very difficult to take your case to court all by yourself. Not to mention winning it’s almost impossible. You might as well go with a general personal injury lawyer. But your best option is an experienced medical negligence lawyer. Cases of malpractice are far more complex than typical personal injury cases. Also, if you are contacted by the insurance company, definitely don’t accept their offer. 

Was the Doctor Really Negligent? 

However, there is a difference between your expectations and malpractice. If you are unhappy with the results, it doesn’t mean that the doctor made a mistake. A doctor is liable for malpractice if they misdiagnose or cause you harm. In order to sue the doctor for their medical errors, you must show that they caused you harm. A doctor’s care must be skilful and careful, but it doesn’t mean that it should be the most perfect possible. However, all states require the patient to show that the defendant deviated from showing the medical standard of care. 

And because many medical negligence cases include patients who were already ill or injured, there is always this questionable situation: what the doctor did, negligent or not, actually caused you to harm? It can be very hard to prove that the doctor’s negligence caused you harm. As a patient, you must show that it was the doctor’s incompetency that directly caused your illness or injuries. 

Even though it may be clear that the doctor performed malpractice, the patient may still not suffer any harm. But a patient may still sue the doctor for the following: 

  • Mental suffering 
  • Physical pain 
  • Additional medical bills
  • Lost work
  • Lost earning capability 

Statute of Limitations

Medical malpractice cases must be claimed soon after the injury. Oftentimes, depending on the state, a medical malpractice case must be brought to court between six months to two years. This is called the statute of limitations. If you don’t file the lawsuit within the stated period of time, the court will clearly dismiss your case, no matter the facts involved and the injuries you have suffered. 

Medical malpractice is really and highly controlled by a wide variety of rules and regulations, which may vary significantly, from one state to another. 

The process for how to sue a doctor for malpractice:

  • Collect enough reliable and strong evidence of the doctor’s or hospital’s fault for your injuries
  • Analyze the value of your injuries
  • File your lawsuit with the help of an experienced medical malpractice lawyer

It’s important to mention that if you want to ensure you win the medical malpractice case, you must be able to prove that the doctor or medical staff caused your injuries or illness. Medical malpractice is a special case, and only a specialized lawyer can meet the standards of winning the case. You deserve someone experienced by your side! 

If you were the victim of a medical malpractice case in the UK, lawyers from Medical Negligence Law can help you sue the doctor that caused you injuries and damage. It’s easier when you contact an experienced lawyer who may also give you free advice. Learn more about your potential settlement award and how to file a claim in case of malpractice. 


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