2 Things You Need To File A Medical Malpractice Lawsuit
If you have had some sort of unfortunate medical procedure, you might be wondering if there are grounds for you to file a medical malpractice lawsuit. Lawsuits are filed everyday; in some cases the plaintiff walks away with a good deal of money, but in other cases they have simply wasted their money and the case was not found in their favor. This is why it is important to determine before you file the lawsuit, if you have a good case. Here are some things that need to happen in order for you to win a personal injury lawsuit for medical malpractice.
1. The Doctor Had To Have A Duty Toward You
This is generally pretty simple in a medical malpractice case. What it means is that the doctor had to have some sort of responsibility to take care of you. So if you hire a doctor to do a surgery or procedure on you, then they have a duty toward you. The exception to this would be if you were in some sort of car accident, and a doctor pulled over to help, and did something wrong. It could be argued that this doctor had no duty toward you; they were just trying to help out of the goodness of their heart. So if they weren't able to help you, they can't be held responsible.
2. The Doctor Had To Have Acted In A Reckless Or Negligent Way
Another important factor is that the doctor had to have acted in some sort of reckless or negligent way. For instance, if they were doing a surgery on you and something went wrong and they did everything that they could do fix it, but still there was an unfavorable outcome, they probably wouldn't be at fault.
The key is to direct the question to other medical professionals if they would have done the same thing. For example, if four other doctors said they would have done the same thing, then you have no ground for a suit. However, if the doctor was intoxicated, not well-rested, did something risky that other doctors wouldn't have done, then you might have grounds for suing them.
This is why it is important to research your case before you file it. You need to be sure that the doctor acted in a reckless or negligent manner before you file the suit.
By understanding these things, you can determine if you actually have a good case for a medical malpractice lawsuit. Visit http://www.sarklawfirm.com/ for more information.