The term “medical malpractice” might make a doctor shudder when they hear it. If they’re facing an accusation that they engaged in medical malpractice, then that’s very serious. They may face a personal injury lawsuit, and the outcome can seriously damage their reputation in some instances.
Medical malpractice lawsuits can pay off for the plaintiff, but only if they can prove that the medical professional in question did something obviously wrong. If you think your doctor committed medical malpractice, then you may feel it’s only right that they pay for that financially. After all, medical malpractice normally injures you or makes you ill.
How can you tell whether your doctor actually committed medical malpractice, though? We will talk about that in detail in the following article.
What Does the Term “Medical Malpractice” Mean?
First, let’s briefly define the term “medical malpractice.” This term means that a medical professional had a duty of care to treat you in a certain way, and they did not fulfill that duty. They committed an error, and in doing so, they harmed you.
Typically, if a doctor commits medical malpractice, it means that they made a mistake. It’s very rare that you will run into a situation where a doctor would commit medical malpractice on purpose.
Even though they harmed you by accident, though, there’s no reason why you should not hold them legally liable. If they harmed you, and a jury agrees that they did, then maybe you can walk away with a judgment in your favor and some money in your pocket. You’ll first need to pay your lawyer a percentage of your winnings, though.
How can you know for sure whether a doctor committed medical malpractice? Presumably, you will know if you are in the medical profession yourself. Assuming you’re not, you must use other means to make this determination.
Talk to a Lawyer
If you suspect that a doctor committed medical malpractice, then you might go online and take a hard look at the definition. However, you still don’t have the necessary expertise to make the call one way or the other.
That is why it makes sense to talk to a personal injury lawyer in this situation. You should find not just any attorney who works in the personal injury niche, but one who knows about medical malpractice cases specifically.
Tell Them What Happened
You will want to tell the lawyer what happened when you meet with them. They will usually grant you a free consultation, since you might become their client.
You can tell them your story. You will want to give a detailed account and include any information you find relevant. Don’t lie or exaggerate about what happened. If you do, and the lawyer accepts your case, that can come back to bite you later.
The Lawyer Can Give You Their Opinion
If this lawyer represented many individuals in medical malpractice cases before, then they will probably know whether what happened qualifies. They will give you their opinion.
If they think that what happened does qualify and they can describe it as medical malpractice, then they will likely agree to take you on as a client, assuming they don’t have too many other clients at that moment. The lawyer will probably want you as a client even more if the doctor injured you badly or made you very ill. You’re going to give them a percentage of your winnings, so the attorney might salivate thinking about how much they might collect if they can win this lawsuit for you.
You Can Decide Whether to Hire Them or Not
At this point, you can decide whether or not to hire this lawyer and move forward with the lawsuit. If they think that what you’re describing sounds like medical malpractice, then you will likely decide you’ll willingly go through the trial process. It’s seldom fun, and it will take up a lot of your energy and time, but maybe you can get a satisfactory conclusion that will make your life a little easier going forward.
You should keep in mind, though, that just because what you’re describing sounds like medical malpractice, that does not necessarily mean that you can win your case. It’s one thing to say that you think medical malpractice occurred. Proving it sometimes becomes much more difficult.
The Lawyer’s Investigators Can Look into the Matter Further
Let’s say that you decide to hire this lawyer and move forward with the lawsuit. The attorney will then start the paperwork that lets the doctor know that you’re suing them.
They will also contact their investigator. If you’re hiring a lawyer who’s part of a large and prestigious law firm, then they may have a whole investigative team who can look into your case.
The investigators will try to come up with any material evidence that indicates medical malpractice occurred. Maybe they can find some witnesses who your lawyer can put on the stand who will state that they saw the doctor do something that harmed you. If so, then that’s a strong indication that medical malpractice happened, and perhaps you can force a settlement offer.
If you can’t come up with any evidence to substantiate your claim, though, you might walk away with nothing. If you say things happened one way, but the doctor gets on the stand and claims the opposite, then it’s your word against theirs. The jury might believe you, but it’s just as possible they’ll believe the doctor instead.
You need to go into the trial with this in mind. At least you can pay your lawyer via a contingency structure, though. This means if they don’t manage to prove medical malpractice and get you some money, then you will pay them nothing.
Medical malpractice cases can get ugly in a hurry, since you’re alleging something that can severely damage a doctor’s reputation. In some instances, though, you might feel like it’s the best path forward.
