Posted on 12/23/2020

How to Sue for Medical Malpractice

How to Sue for Medical Malpractice

The lasting effects of medical malpractice cause enough stress without the daunting task of facing a potential legal battle. However, if you or a loved one have been seriously injured as a result of medical malpractice, you may be determined to take action. What can you do and where do you begin? 

We are here to help. Suing for medical malpractice can be broken down into simple steps. With the guidelines we’ve provided, you will gain an understanding of whether you have a case. From there, you’ll want to gather your documents so that you can discuss them with a respected lawyer.

Read on as we break down the requirements for a case, as well as what you will need to prove your case. We give tips on how to take the first step toward winning your case: Finding a quality lawyer with experience and success in medical malpractice.

Medical malpractice: The basics

Medical malpractice is when a doctor, hospital, or other medical professional causes injury to a patient due to negligence. For example, this could mean that there was a misdiagnosis, a patient was not treated properly, or the aftercare or management of health was inaccurate.

Do you have a case?

Under law, medical malpractice has to meet these requirements:

  • Standard of care violated: The standard of care involves certain medical standards that are legally recognized by the healthcare profession. Patients have the right to expect that medical professionals will deliver care according to these standards. If the standards are not met, this can establish negligence.
  • Negligence resulting in injury: Patients have to prove the professional’s negligence directly caused injury.
  • Injury resulting in significant damages: Patients must prove their injuries resulted in disability, suffering, pain, loss of income, or significant medical bills, both in the past and in the future.

If it makes sense in your specific situation, contact the doctor or medical professional first to try and understand what happened. Allow them to determine if it’s something they can resolve appropriately. If you’re met with contention, then you can move on to build your claim and contact your lawyer.

How to prove negligence

To prove negligence, you first should reach out to a respected lawyer with experience and success in medical malpractice cases. Medical malpractice law is highly regulated and complex, with many moving parts. You need someone on your side who can help you make sense of the pieces and guide you accordingly.

Fortunately, many lawyers offer free consultations to hear your case. Grover Lewis Johnson, for example, offers free consultations and doesn’t require payment of any fees until your case is won.

To put together your claim for negligence, you’ll need to obtain medical records and gather documents that could include bills, insurance records, a police report, and proof of your income loss. You’ll need any documents that prove the harm and suffering caused by the medical professional’s negligence.

With your lawyer’s help, you may need expert medical witnesses to testify on your behalf. These witnesses will need to convince the jury of the standard of care and how the medical professional breached their responsibility.

Do I have a case?

Grover Lewis Johnson believes compassion and open communication are essential to standing by our clients and supporting them. Starting with a free consultation, we will listen to you, understand you, and offer honest recommendations for your possible case.

Different types of medical malpractice

Medical malpractice is defined in many ways. The following are some examples of situations that can fall under medical malpractice:

  • Delayed diagnosis or misdiagnosis
  • Misreading or ignoring lab results
  • Unnecessary surgery
  • Preventable birth injuries
  • Medical product liability
  • Surgical errors
  • Incorrect medication or dosage
  • Discharging too soon
  • Not ordering proper testing
  • Failure to recognize symptoms
  • Improper followup or aftercare
  • Not taking appropriate patient history or disregarding it

If you believe you fit into any of these categories or have questions about other areas, start gathering your documents and begin looking for a lawyer who can help.

First step in suing for medical malpractice

The first step to sue for medical malpractice is finding the right lawyer. To get the results you deserve, it’s important to find a bold, compassionate lawyer with years of experience and success in cases like yours.

When you find a lawyer you would like to discuss your situation with, ask questions and pay attention to how respectful, approachable, and confidently the lawyer responds before you decide to move forward.

Grover Lewis Johnson believes open communication is key to standing by our clients and supporting them. Starting with a free consultation, we will offer you honest recommendations, guided by our years of experience. If your case has merit, we will back it with our bold and respected reputation, throughout the entire process.

Our Medical Malpractice team is built on 25 years of experience and a simple mission rooted in compassion. We are genuinely interested in our clients, we carefully select our cases, and we continually exceed your expectations.

Call us today to speak with our team and schedule a free consultation to review your potential case. Whether reaching a settlement is best or we decide to take your case to trial, we will always do what is right, to help you get what you deserve.