Receiving subpar medical care is unpleasant, no matter the circumstances. At the end of your ordeal, you may be thinking about hiring a lawyer. But before you decide to sue for medical malpractice, learn what the term means and what the lawsuit process looks like. Here are a few things to know before you take that step.
What Constitutes Malpractice?
Medical malpractice is defined as a dereliction of a doctor’s duty of care to you. A doctor who behaves in a willfully negligent manner, whose action—or inaction—directly causes you harm, could be liable for malpractice. However, not every negative interaction with a healthcare professional counts as malpractice.
Proving the Four Elements
In order to prove medical malpractice in court, you’ll need to prove the following four points, preferably with assistance from an attorney.
- One: the doctor or other medical professional owed you a duty of care.
- Two: they breached that duty of care by acting recklessly or behaving negligently.
- Three: their recklessness or negligence was the direct cause of the harm you suffered.
- Four: you were genuinely injured or made seriously ill because of that negligence.
Negligence vs. Malpractice
The word “negligence” comes up a great deal in malpractice suits. There is a legal difference between negligence and malpractice, and while all acts of malpractice are negligent, not all cases of negligence count as malpractice. Talk to your attorney about your unique case; while there may not be sufficient evidence for malpractice, you might be able to file a suit for medical negligence.
Tip:
Precision is key in legal matters. Therefore, it’s crucial to have an experienced attorney on your side. Learn what you have grounds to sue for and gather sufficient evidence to strengthen your case.
Before you serve your doctor or hospital representative with legal papers, ensure you have all your ducks in a row, so to speak. If you’ve built a worthy case before you sue for medical malpractice, you’ll fare better in the courtroom.
