Can you sue a doctor for negligence? The short answer is yes. However, you want to make sure that you have all of the right tools and resources to build your case. Medical malpractice lawsuits can be expensive and time consuming, and oftentimes juries show favor towards the doctor. If you want to sue a doctor for negligence, consider these points before you do:
Is it malpractice?
There are many different types of medical malpractice. Ignoring or neglecting a patient, patient misdiagnosis, poorly performing a surgery, and premature discharge from a hospital are a few. Be sure that you are actually dealing with malpractice, and not just unsuccessful care (there is a difference!). Even the most routine procedures can result in complications that may not be the fault of your medical provider. Make sure you know the difference between appropriate (but unsuccessful) care and medical malpractice.
Investigation
Before filing a medical malpractice lawsuit, you and your doctor will need to complete a pre-suit investigation. During this process, you will need to obtain a written note from another doctor who can testify that medical malpractice likely occurred. You will need to provide information and documentation to prove causation (that proves the doctor’s negligence). Some examples of these are letters received from your hospital or health care provider, medical receipts, test results, information related to your diagnosis, doctor’s notes, and photos of your injuries.
Timeliness
Make sure the statute of limitations has not expired in the state the malpractice occurred in. In most states, this window of time is about 2 years.
Location
Your case will be judged on the standard of care that is appropriate for a few factors, including your geographic area, your age, and the medical condition. For example, if you are 25 years old and live in Chicago, your doctor will not be judged by the same standard of care as if they were treating a 60-year-old patient in Los Angeles.
If you decide that you do want to sue your doctor for negligence, follow the steps here. If you are looking for a medical malpractice lawyer in Chicago, schedule a FREE consultation with Lyndsay Markley Law by calling (312) 523-2158, or emailing info@lmarkleylaw.com.
