In cases of negligence and malpractice, it can be hard to make the decision to sue your doctor. You may not be “the suing type,” or you may not know how to sue a doctor in the first place. You may even really like your doctor, and don’t want to cause any hard feelings. However, when you or a loved one has been mistreated by someone you trusted, and especially if it results in emotional, physical, or monetary loss, you are entitled to take the steps necessary for potential compensation.
If you decide you want to sue your doctor, here are the steps to take:
Build a case
If you have injuries, document them with photographs. Write down often how you are feeling physically and mentally, what medications you’ve been prescribed (and the dosage), and any other information you think could be useful in court. It’s also helpful to gather all of your medical records. HIPAA laws require patients to have the rights to all of their medical information. You may have to fill out a form, but it will be worth it in the long run. If you are denied your records, they can be subpoenaed later.
Hire a lawyer
You’ll need a medical malpractice lawyer, and you’ll need to find them as soon as possible. Every state has a different statute of limitations, and some of them have the “discovery rule,” which means that the statute of limitations begins after you find your injury or complications. Your lawyer will also be able to tell you if this case is even worth pursuing. If it’s worth pursuing, your lawyer and yourself will work together to file the complaint.
Engage in “Discovery”
Before this goes to court, both sides will have the opportunity to request documents from the other parties, like paperwork, photographs, and any other evidence you or your doctor may have collected. At the deposition, you will be speaking under oath about your experience, and anything you or the other party says can be used in the trial.
Settle, Mediate or Trial
No matter how you choose to settle your case, your lawyer will work hard for you to win as much compensation as possible. They will fight on your behalf so you can hopefully have closure.
Medical malpractice lawyers like our firm, Lyndsay Markley Law, handle a variety of medical malpractice cases including but not limited to: failure to diagnose, incorrect diagnosis, defective medical devices, emergency room errors, delayed treatment, surgical errors, lack of informed consent, improper treatment, anesthesia errors, pharmaceutical errors and incorrect dosage, birth injuries, and hospital negligence.
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.
