Medical malpractice is often proven through important medical records and personal accounts. Make sure you keep careful records of everything your doctor told you about diagnosis, treatment and medication and of any side effects or problems you may have experienced. You should also keep records of any money or work lost as a result of the doctor’s negligence. Also, if you are suing for pain and suffering damages as well, you should also keep a detailed log of the suffering you endured throughout the process.
Find An Unbiased Opinion
Doctors are just like everyone else, so it’s inevitable that they make mistakes – but because medicine can be subjective, some suggest to present your case to other doctors who can determine whether your doctor behaved properly or not. According NOLO, a medical malpractice suit can be strengthened if other medical professionals can back up your claim that your doctor acted improperly.
How to Prove A Doctor’s Negligence
Being unsatisfied with your treatment or results does not always mean the doctor is liable for medical malpractice — they must have been negligent in connection with your diagnosis or treatment.
According to experts, a crucial step in how to sue a doctor includes being able to show that the doctor caused you harm in a way that a competent doctor, under the same circumstances, would not have. “The ‘standard of care’ is defined as what a reasonably prudent medical provider would or would not have done under the same or similar circumstances,” explains Virginia-based attorney Jason Konvicka to Forbes.
Contacting an Attorney for Medical Malpractice
If you think you have enough damage and proof to sue your doctor, your next step would be to contact a medical malpractice attorney. Usually medical malpractice cases are taken on a contingency fee basis, where the attorney usually fronts your legal expenses which are then deducted from any settlement or award from the suit. For this reason, an attorney may require that your case is enough to justify the risk and extreme financial and time requirements involved.
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