Medical malpractice happens when a healthcare provider commits an act of negligence that results to injury. Can you sue a doctor? Yes, if you the doctor’s error caused suffering, you should contact a medical malpractice lawyer to guide you on how to sue a doctor for pain and suffering. Before you proceed you need to understand what medical malpractice covers.
l Failure to refer a patient to a specialist
l Failure to screen for a given medical condition
l Misinterpretation of laboratory results
l Failure to exhaustively consult with the patient concerning his or her symptoms
l Failure to follow up and investigate probable causes of reported symptoms
When suing a doctor for medical malpractice, you must show that the above actions or inactions caused harm.
Who you can sue
Suing a hospital for negligence in the United States is often a challenge. In many cases, you only file a case with you physician. Often doctors work as independent contractors and not as employees of the medical facility. Thus the medical facility is not liable for malpractice. In some rare cases, you can also sue other healthcare professionals (lab technologists, nurses and others) if they had a role in causing you injuries.
If you suffer injuries due to doctor’s negligence or breach of standard care, then you should contact your medical malpractice lawyer. When consulting with your lawyer, ensure you avail him or her all the information and documents that you think will help the lawyer determine the occurrence of negligence. All the information will act as evidence to show proof of doctor’s error and harm which is crucial when suing a doctor for medical negligence.
The statute of limitation
When suing for medical negligence, you must observe the statute of limitation for medical malpractice cases. The statute of limitation is the time limit in which a complainant can file a lawsuit. The statute of limitation varies among states but it is about two years from the time the injury occurred.