Medical Negligence: 4 Things To Know Before Filing A Claim

You Must Prove Your Case

In medical malpractice cases, the responsibility to prove what happened falls on you. The doctor doesn’t have to show they were innocent—it’s up to you and your lawyer to prove that the doctor’s mistake caused your injury. You also need to show the actual harm you experienced, such as needing more medical care, dealing with a disability, or suffering pain.

Three Things You Need to Prove

To have a valid medical malpractice case, three key things must be proven. If any of them are missing, your case won’t stand. You must show that:

• The doctor did not provide the level of care expected in their profession.
• You were injured because the doctor failed to meet this standard.
• Your injury resulted in serious harm, such as financial loss or ongoing medical issues.

Who Can Be Sued?

Figuring out who to sue in a medical malpractice case is crucial. You might assume the hospital is responsible for a doctor’s mistakes, but that’s not always true. Some doctors working at hospitals are independent contractors, not hospital employees. In those cases, you would have to sue the doctor personally, even if they performed the procedure at the hospital.

However, there are exceptions where a hospital could still be held responsible. A skilled attorney will understand these exceptions and guide you through the process.

When Should You File a Lawsuit?

If you’re thinking about filing a medical malpractice lawsuit, don’t wait too long. There’s a deadline for filing, known as the statute of limitations. To make sure you don’t miss your chance, reach out to us as soon as possible to discuss your case.