If you have been wronged during a medical treatment, you are probably wondering what you can do to get restitution. If the doctors, or medical staff, who harmed you are not cooperating with your requests, you may be tempted to file a medical malpractice lawsuit. A medical malpractice lawsuit may be a great way to send a strong message and get what you deserve. However, not every situation will merit a lawsuit. In order to have a legitimate case against the medical staff there has to be a couple things. Here are some things you should know.
1. The Doctor Had To Have Acted Reckless, Irresponsibly, or Was Negligent
In order to have merit for a lawsuit, the doctor who treated you had to have acted in a way that was irresponsible, reckless, or negligent. If during the treatment the doctor did everything they could to get you the best outcome possible, you may not have a good case. In addition, if the doctor followed protocol and did exactly what other professionals would have done in a similar situation, you wouldn't have a case.
Instead, you need to be able to prove that the doctor took risks on you, wasn't fit to perform treatment, didn't follow protocol, or had a blatant disregard for your safety. If you can prove any of these things, you might have a case.
2. There Has To Be An Injury That You Can Prove Was Related To The Treatment
Another important factor is that you have to have sustained an injury that was directly related to the treatment. For example, if you weren't pleased with your care, but your health was not negatively affected by the doctor's choices, then you have no case. Thus, embarrassment, frustration, or displeasure caused by your treatment is not necessarily going to merit a lawsuit.
In addition, you have to be able to prove that the injury that you sustained was directly related to your treatment. If it is questionable whether or not your injury was caused by the treatment, or if you cannot prove that the doctor caused your problems, then you may not have a good enough case.
If you are considering filing a lawsuit, talk to an attorney like Bulluck Law Group. Bring in all the facts, documentation, and any helpful information to your consultation. They will be able to determine if your specific situation would be worth filing a medical malpractice lawsuit against the doctor.