Can You Sue A Doctor For Wrong Diagnose
Doctors make a lot of money. But they don’t come cheap either, and with the most expensive ones going for around $500 an hour, it can be a costly mistake if you go to one who misdiagnoses your problem.
If you’re considering suing your doctor because they missed something in your diagnosis or made some other error that led to an injury, then expect to pay more than just legal fees. In fact, most lawyers won’t take on these cases because it often takes too long to get paid.
Laws in different states vary when it comes down to what a patient entitle to when a doctor’s negligence leads to an injury.
The best plan is usually going through your health insurance company, but this may not always be possible.
In any case, here are some things you need to know about using a doctor for malpractice.
State laws on medical errors vary widely as well as the value of damages that can be recovered for this type of claim. According to the National Conference of State Legislatures, 30 states limit non-economic damages in these cases while another eight states have caps on total damages and 19 more have caps on punitive damages. In all but 11 states, a successful plaintiff is also entitled to recover his or her attorney’s fees from the negligent doctor. However, even if your state has no limits, it doesn’t mean you’re going to get rich off your claim — most attorneys won’t take medical mal cases because they don’t find them profitable.
Lawyer’s fees vary widely as well based on the type of firm and the hourly billing rates. A solo practitioner or small firm may charge less than a larger, more established law office. Still, some medical malpractice lawyers set their legal fees on a sliding scale, which means you’ll pay more if your case takes longer to resolve once it’s filed with the court.
Find an Attorney:
Even if your doctor makes a mistake that leads to injury and you decide to sue for malpractice, you’d first need to find an attorney who handles this type of case (it requires special training). Lawyers who do will have personal injury attorneys on staff so they can file an additional lawsuit alongside yours with little or no added expense.
In most cases, you’ll also need to see a specialist prove the extent of the damage caused by your injury. You’d be amazed at how many lawyers turn down these cases because they don’t want to go through the hassle of finding an expert witness. Plus, there’s no guarantee that the case will end in settlement or judgment — sometimes it can take years before it reaches that stage.
Just about every personal injury attorney has dealt with someone who is suing for medical malpractice, but many won’t represent them unless they bring significant damages (in economic and non-economic terms) to the table. But this might not be as big an obstacle as you think since most people who’ve suffered due to their doctor’s negligence are often seeking compensation for things like pain and suffering, medical bills relating to the original injury, lost wages (if they had to take time off work), loss of future earning potential (if the doctor’s error caused disfigurement) and in some instances punitive damages.
The bottom line is that if you’re looking for big bucks when you sue your doctor, think again. However, it doesn’t mean that there isn’t any recourse available when it comes to matters related to negligent care.
Doctors require the law to act within accepted standards in their profession when providing treatment to patients or this may be grounds for legal action on behalf of an injured patient even if they don’t result in a successful lawsuit as long as it can be proved that the doctor’s negligence caused medical problems.
Degree Of Caution:
A standard of care refers to the required level of service, treatment, or care expected from a person in a certain position with regard to qualifications, education, and experience. The term defines as “the degree of caution that may exercise an ordinary prudent practitioner” in the same or similar circumstances (Institute for Safe Medication Practices).
If you’re not familiar with this concept and are considering legal action, it might be helpful to consult with an experienced personal injury attorney who can advise you on your options when discussing filing a lawsuit against a negligent doctor in your area.
Difference between general malpractice and medical malpractice
The primary difference between general malpractice and medical malpractice is that in medical malpractice suits, causation must be proven.
Medical Malpractice occurs when a health care provider does not provide the quality of care that could reasonably be expected under similar circumstances.
This can include misdiagnosis, surgical errors, birth injuries, medication errors, failure to timely diagnose cancer or another illness, as well as any other situation.
where proper care falls short of what should give under similar circumstances.
Negligence claims depend upon an injured party’s ability to prove “the existence of a duty” on the part of the professional; “a breach” (or violation) of that duty; and “causation,” which means that but for the negligence, he would not be hurt.
While general malpractice cases usually involve monetary damages that compensate for the injured party’s harm, medical malpractice cases also allow a patient to receive “punitive damages,” in addition to the standard compensation.
The following chart provides examples of what is typically covered in a medical malpractice case:
Duty Breach Causation Damages
The patient had surgery on the left Eye and during . The patient experienced the Patient did not warn right eye with right damage eyesight due to vision loss in brain tumor. when the tumor, when it should have he underwent surgery on removed from his benign, resulting in the eye of the left eye. insignificant pain as well as Suffered $100,000 of emotional distress. medical bills.
If you have been the victim of medical malpractice and want to know if there is anything you can do, we encourage you to contact an experienced lawyer. They will be able to help guide you through this difficult time and answer any questions that come up during your case.
You should also read our blog post on what are some common reasons for using a doctor – it may give you peace of mind knowing how many people are in similar situations as yours. Remember, with the right support from doctors who care about their patient’s wellbeing, lawsuits like these can become less frequent.
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