Preparing for a Medical Malpractice Case

Do you suspect you have cause to sue for medical malpractice?  While the laws regarding medical malpractice vary some from state to state, there are some general rules which can help you to know that you had a case.

First, you have to be able to prove that a formal doctor-patient relationship existed between you and the individual you wish to sue.  This means that you hired the doctor to treat you and the doctor agreed to the arrangement.  An informal doctor-patient relationship, such as you accepting advice from a physician you met and chatted with at a coffee shop, does not meet the criteria.

Next, you have to prove that the physician was negligent in some manner, meaning that he or she was not “reasonably skillful and careful” while treating you.  You will need to demonstrate that another doctor treating you under the same circumstances would not have produced the same result.  Simply being unhappy with the result is not cause to sue for medical malpractice; you have to show the doctor deviated in some way from the expected standard of care.  Major categories of medical malpractice include failure to warn a patient of known risks, failure to diagnose, and improper treatment.

Finally, you also must show that it is “more likely than not” that the physician’s negligence led to you being injured in some way, and demonstrate that the injury caused by the physician led to specific mental, physical, and/or monetary damages for you.  These damages can include mental anguish, lost wages, physical pain, and/or medical bills.

If you believe you have been the victim of medical malpractice, it is important to seek the advice of an experienced attorney right away, as all states have a statute of limitations regarding the period of time a claim can be filed after an incident of medical malpractice has occurred.  In the state of Virginia, medical malpractice actions must be filed within two years of the negligent act(s); however, there are exceptions.  Therefore, hiring an experienced attorney to help in determining the actual statute of limitations date is beneficial.