Steps Involved in Suing a Doctor for Medical Negligence
No one goes into surgery expecting things to go wrong. But unfortunately, sometimes they do. And when that happens, you may wonder if you have a case for medical negligence against the doctor or hospital. Below are the steps involved in suing a doctor for medical negligence.
What is medical negligence?
Medical negligence, also called medical malpractice, is when a healthcare professional deviates from the standard of care that a healthcare professional would use in a similar situation. This can result in injury or death to the patient. If you or a loved one has been injured due to the negligence of a doctor, you may be eligible to sue a doctor for medical negligence.
Below are four elements that must be proven to win a medical negligence case:
Duty: The plaintiff should show that the defendant owed them a duty of care. This means that the defendant had a legal obligation to provide competent medical care.
Breach: The plaintiff must show that the defendant breached their duty of care. This means that the defendant did not act as a reasonably competent healthcare professional would have acted in a similar situation.
Causation: The plaintiff must show that the defendant’s breach of duty caused their injuries. This means that if not for the defendant’s actions, the plaintiff would not have been injured.
Damages: The plaintiff must show that they suffered some harm due to the defendant’s actions. This could include physical pain and suffering, emotional distress, financial losses, and more.
What are the steps involved in suing a doctor for medical negligence?
If you feel that you or a loved one has been the victim of medical negligence, you may wonder what the process for suing a doctor looks like. Here are some key steps involved in taking legal action against a physician:
1. Speak with an experienced medical malpractice attorney. This is an essential first step, as your lawyer will be able to evaluate your case and advise you on the best course of action.
2. File a “certificate of merit.” To sue for medical malpractice in most states, you must first file a certificate of merit from a qualified healthcare professional attesting to the fact that your case has merit.
3. Serve the doctor with a summons and complaint. Once you have filed your lawsuit, you will need to “serve” the doctor with official notice of the suit by delivering them a summons and complaint (a copy of your lawsuit).
4. Engage in discovery. The next phase of litigation is known as “discovery,” during which both sides gather evidence through written questions (interrogatories), document requests, and depositions (testimony given under oath).
5. Go to trial. Suppose your case does not settle during discovery. In that case, it will proceed to trial, where a judge or jury will ultimately decide whether or not the defendant doctor is liable for damages.
ConclusionThe steps involved in suing a doctor for medical negligence can be long and complicated. However, it may be worth pursuing legal action if you have suffered severe harm due to a doctor’s negligence. With the help of an experienced medical malpractice attorney, you can gather the evidence required in order to prove your case and get the compensation you deserve.