Tips for Winning Your Medical Malpractice Lawsuit
There are a number of different things you need to do to help your medical malpractice case. Before going to court, you’ll want to make sure that the list of suggestions are taken care so you can build a solid lawsuit.
NOLO states that “Medical malpractice occurs when a patient is harmed by a doctor (or other medical professional) who fails to competently perform his or her medical duties.” Although this seems like a cut and dry explanation of the term, medical malpractice laws vary from state to state. Some have a time frame in which a lawsuit must be filed against a medical professional. Others require that you notify the doctor being accused of malpractice ahead of time. The more you know about medical malpractice, the stronger case you can build.
In order to prove that medical malpractice occurred, you must be able to prove a number of different things. First and foremost, you’ll need to demonstrate that a doctor-patient relationship existed. This means that you hired the doctor to provide medical care and that doctor took you on as a patient. You cannot sue a doctor based on a conversation you were involved with at dinner if he or she was not your consulting physician providing treatment to you.
Next, you have to prove that the doctor was negligent. This is where many people go wrong. Being unhappy with a treatment or the results of a surgery or procedure is not enough to claim malpractice. You are going to have to gather evidence and prove that the doctor wasn't competent. Under similar circumstances, he or she would have been “reasonably skillful and careful”.
Once you've proved the physician was negligent, you have to be able to prove that negligence is what caused your injury. NOLO states that “The patient must show that it is “more than not” that the doctor’s incompetence directly caused the injury.” A medical expert may be called to the stand to testify that the doctor was indeed negligent and the negligence caused the injury.
The last step is to prove that the injury led to specific damages. For example, patients can sue for physical pain, mental anguish, and additional medical bills as well as lost work and lost earning capacity. Documentation is key to building a solid case against a medical professional. Make sure to keep copies of paycheck stubs from before the injury. Also, keep copies of medical bills. This will help demonstrate the monetary loss you have suffered as a result of the malpractice.
A study in the New England Journal of Medicine reported that “One in 14 doctors faces a malpractice suit every year.” Although some claims go unmerited, the physicians with highest risk of being sued were neurosurgeons. Their annual risk was 19.1 percent. Next in line were thoracic-cardiovascular surgeons with a risk of 18.9 percent and general surgeons with an annual risk of just less than 15.3 percent. High risk surgeries and medical treatments carry the greatest liability as demonstrated by these numbers. Brain and heart surgeries are very complex and leave more room for error.
Some of the most common medical errors include:
• A Misdiagnosis or Delayed Diagnosis
• Negligent Pre-Natal Care
• Negligent Childbirth
• Medication Errors
• Anesthesia Errors
• Surgery Errors
Illinois once had a cap on the compensation received as a result of a medical malpractice claim. The state no longer does not put a limit on a plaintiff because non-economic damages are now considered. The 2010 case of LeBron v. Gottlieb Memorial Hospital helped overturn the decision. The Illinois Supreme Court declared the cap unconstitutional. Anyone filing a medical malpractice lawsuit in the state can receive unlimited amount of compensation for their injuries rather than the pre-determined amount set up by the cap.
Don’t let fear keep you from filing a medical malpractice lawsuit. A good attorney that is well-versed in this area of law will be able to help you. They’ll schedule a time where you can sit down and have a face-to-face meeting and discuss the details of your case. After hearing your side of the story, they will conduct an investigation of their own. This will allow them to gather evidence and expert testimony as needed before your case goes to court.
About the Author:
Donald W. Jaburek of Pope & Jaburek, P.C. in Chicago, Illinois is a personal injury attorney with decades of experience. Mr. Jaburek focuses his practice on motor vehicle accidents, workplace injuries, slip and fall, medical malpractice, wrongful death, and most other types of injury cases.
