Things To Consider Before Filing A Medical Malpractice Case

Doctors are some of the most trusted professionals in all the world. But that doesn’t mean they’re immune to making a mistake. What’s even worse is that their mistakes have serious repercussions that can impact their patients forever, such as permanent disabilities and death. We know that in some situations it’s hard to recognize an abnormality in your treatment until a later date. It might take some time for things to start unraveling.  But once you realize something isn’t right, and your doctor failed to treat you or a family member, you should pursue legal action. If there’s an abnormality in your body that wasn’t there before, you deserve better. Filing a medical malpractice lawsuit can’t fix the mistake but it can help ease the burden.

Now, we realize not every medical mistake will amount to a medical malpractice case and there’s a lot to consider before filing. Here are a few things to think about before you pursue legal action: 

• Doctor-Patient Relationship
  In order to file a lawsuit against a doctor, your lawyer must be able to establish a doctor-patient relationship. If you have been receiving medications and treatment from your doctor, only then can you file a malpractice case against them. It is your doctor’s duty to explain both the positive and negative consequences of each treatment so that you can decide whether you’re comfortable with it or not. If there was something that you weren’t told, you can file a lawsuit. But there needs to be proof.

• Breach Of Duty
  There are some doctors who don’t take their responsibility seriously, whether it’s because of burnout, carelessness, or something else. As a result, a patient may sustain an injury because of it.  For example, if a patient is accidentally sewn up after surgery with a tool or piece of cotton left inside their body, that’s negligence. Or how about when a patient is misdiagnosed with a medical condition they don’t have and is prescribed the wrong treatment.

• Injury Caused By The Breach
  If a doctor leaves a foreign object in your body, you may experience pain, infection, injured organs, or other serious injuries. You must be able to prove that the injury caused to you is because of a medical professional’s improper care. In some cases, you’ll be able to prove this quite easily while in other situations, it can be more complicated. The good news is that a reputable malpractice firm should have a doctor on staff to assist and help provide proof of your injury.

• Sufficient Evidence
  You should have compelling evidence to back your claim. For a case to hold up in court you’ll need a professional firm backed by an experienced medical expert. This expert can testify on your behalf and provide the court with solid evidence. The medical professional will look at your medical records and help connect the dots.

Your greatest asset in pursuing justice, will be to have a skilled and accomplished medical malpractice law firm backing you. They’ll have the expertise, and a medical professional’s opinion to best represent you.  If you’re looking for a suitable lawyer, seek out only the best. Hampton & King has over 60 years of experience, and was voted “Best Law Firm” for medical malpractice by U.S. News.  Visit our official website if you’d like to learn more.