2 Things That You Need to Have Before You Can File a Medical Malpractice Lawsuit

If you have been harmed or wronged by a medical professional you might be wondering what you can do to get restitution for your damages. You may have thought about filing a medical malpractice lawsuit, but don't know if you have enough grounds to file a lawsuit. In order to have a legitimate lawsuit you will need to have a couple of things. Here are some things you need to know about filing a medical malpractice suit.

1. The Doctor Had to be Overtly Reckless and/or Negligent

Unfortunate outcomes sometimes happen in medicine. You may have gone in for a surgery that ended poorly or you had some strange reaction to a medication or procedure. Although these outcomes are unfortunate, they do not merit an actual lawsuit unless the doctor or medical staff acted in a way that endangered you. For example, if the doctor did everything that they could to protect you and ensure the best outcome possible, you don't have grounds for a suit. Additionally, if the doctor followed protocol and did what another reasonable doctor would have done in a similar situation, there is probably no reason to file a lawsuit.

A lawsuit is merited if the doctor acted in some reckless or negligent way. If they ignored warning signs, if they failed to get a full medical history, or performed their duties incapacitated in some way, then you might have grounds to file a lawsuit against them.

2. There Had To Be A Quantifiable Injury During The Procedure

Second, in order to file a lawsuit you have to be able to prove that there was an injury directly related to the medical procedure. For example, if you had surgery on your leg that left you unable to walk because the doctor made unreasonable mistakes, then you might have a lawsuit. However, if you had surgery on your abdomen and then struggled with infertility afterwards you might have a harder time filing a lawsuit. This is because it is very hard to prove that the infertility was directly related to the surgery.

Additionally, if you might have had a bad experience with a doctor, but sustained no lasting injury, you most likely won't have the grounds for a lawsuit. For example, you might have been displeased with your service, but it didn't leave you any better or worse, just frustrated. In that case you probably wouldn't have a case because there was no injury that could be proven or quantified.

If you have these two factors in your medical treatment, you may be able to file a medical malpractice suit. However, if you have any questions, it may be a good idea to contact a dependable lawyer to discuss your situation and concerns.