If you aren't feeling well, what do you do? You make an appointment with your doctor. He is someone you entrust your health to, someone you should be able to diagnose and treat issues with your health. However, what happens when your doctor misses something? What happens when you are told that nothing is wrong with you or you are misdiagnosed?
It is estimated that more than 12 million Americans are misdiagnosed each year, and those who are misdiagnosed could subject to serious harm.
If you are one of the millions who have been misdiagnosed, you could receive compensation for your pain and suffering via a medical malpractice lawsuit. But how do you know if you have a case? Here's a look at what is required in order to file this type of lawsuit.
Proof of Treatment
In order to be able to file a medical malpractice suit, it is crucial that you are able to prove that you were treated by the doctor you intend on suing. You have to be able to show that there was a relationship between you and the doctor. In other words, you hired the doctor and the doctor agreed to be hired by you. Proof of this relationship can be attained by providing your medical records from said doctor's office.
Negligence is Obvious
You can't sue a doctor because you were unhappy with the results of his treatment. In order to be able to file a medical malpractice suit, you have to be able to prove that the doctor was actually negligent, and that the harm you have suffered was, in fact, a result of the doctor's negligence. If another doctor would have provided you with treatment and his treatment would not have caused harm, then you have a case. In order to prove this in a court of law, you will likely be asked to have a medical professional support your claim that the doctor you intend on suing did, indeed, treat you inappropriately.
You Suffered a Specific Injury
You can't file a medical malpractice suit unless you can prove that you suffered specific injuries as a result of the doctor's ineffective treatment. If the doctor provided inadequate care, but that care didn't cause a specific type of damage, such as physical pain, progressed illness or additional medical costs, you can't sue. However, if you can definitively prove that the doctor in question did prove specific injuries, you could have a case.
If you believe that you have been the victim of medical malpractice and you want to know if you have a case, seek the counsel of an experienced personal injury lawyer. This individual will be able to assess your case and confirm whether or not you have a valid case. Talk to experts like True Guarnieri Ayer LLP for more information.