Questions to Ask
If you are considering filing a medical malpractice lawsuit against a healthcare provider, it can save you a lot of angst if you first determine whether or not you have sufficient grounds to initiate litigation. A review of your case by a medical malpractice lawyer is also a good idea. Not every mistake that a physician makes is considered medical malpractice. Unless a case meets the established legal criteria to merit a charge of medical malpractice, it will be thrown out of court.
To help clarify whether or not you have grounds for a medical malpractice lawsuit, the following statements must all be true:
They owed you a duty of care. Your healthcare provider, whether they are a doctor, nurse, or other type of medical professional owes you what is referred to as a duty of care. In layman’s terms, that means that they were your doctor, nurse, or other kind of healthcare provider. As part of their duty of care, they were expected to treat you using means and methods that another caregiver with a reasonable amount of skill would do in similar circumstances.
They breached their duty of care to you. If they failed to provide a reasonable level of care, either by action or inaction, they failed in their responsibility to you. Perhaps they did not conduct a timely follow-up exam, or they prescribed medication that is in your medical record as being a substance that you are severely allergic to, or they operated on the wrong part of your body. Regardless of the nature of the breach of duty, it caused you significant harm.
The harm they caused you is measurable. In other words, the harm is significant and proven. A medical expert can confirm your claim of having been harmed by the healthcare provider’s breach of duty to you. Testimony by other experts may also be necessary as well as written documentation such as medical invoices. There must also be a dollar value associated with the harm it caused you. This is best calculated by a skilled medical malpractice lawyer.
Taking Action Against the Negligent Healthcare Provider
When it comes to naming the defendant, that may be straightforward, but in terms of which party to whom you must submit your medical malpractice claim, it can be challenging. A lawyer may advise you that the claim should be submitted to the hospital, the doctor, or another party. In some cases, there is more than one defendant, which can cause things to be a bit messier. If you are seeking a medical malpractice lawyer to answer some questions or get started with your case, you could consider a firm like MartinWren, P.C.