Medical malpractice cases can be difficult to prove. You may not have the medical knowledge to know that the unintended results of your treatment constitute medical malpractice. There are specific mistakes that you must avoid when suing a doctor for medical malpractice.
Suing When You Don't Know If Your Doctor Was Negligent
Make sure that your doctor was negligent and not that your doctor simply made a mistake. To win a lawsuit, you must demonstrate that your doctor engaged in negligence and caused harm in a manner that a competent doctor would not. If you were simply unhappy with the results of your medical treatment, you will likely be unable to win a malpractice case. Also, you usually shouldn't sue based on what might have happened. For example, if a doctor suspects that a condition you suffer from may have resulted from a previous treatment, but there are other possible causes, it could be risky to sue your doctor.
You will need to work closely with a trusted physician who can examine the damages you suffered and can verify that the negligent doctor's actions were responsible for your medical expenses. For example, if your doctor provided you with an excessive dosage of a medicine and this resulted in harsh side effects, your physician may be able to connect your symptoms to the medical treatment.
Suing The Wrong Medical Practitioner
Make sure that the individual you should sue is your doctor and not a different medical practitioner. A lawsuit can be filed against anyone who provides healthcare services, so you may actually need to sue a nurse rather than your doctor.
Expecting A Settlement
Do not pursue a medical malpractice lawsuit unless you are prepared to fight the case in court. It is more likely that a medical malpractice case will go to trial. Therefore, you will want to select a lawyer who has experience inside the courtroom rather than one more specialized in settlements.
Not Providing Sufficient Evidence
You will need to provide evidence that your care was substandard. Therefore it is essential that you find a lawyer specialized in medical malpractice litigation who can examine how you were treated and identify that your doctor treated you negligently. Your lawyer may also uncover evidence that your doctor has been negligent in the past, which can serve as solid evidence that your doctor caused you medical damages through his or her incompetence. For assistance, talk to a malpractice lawyer like McLaughlin & Lauricella, P.C.
