Thinking About Suing Your Doctor For Medical Malpractice? Don't Make These 3 Mistakes

24 July 2015
 Categories: Law, Blog

When you are considering suing your doctor for medical malpractice, it can be an overwhelming experience. There are a lot of things to keep in mind and you may be doing things that weaken your case without knowing it. Here are some mistakes to avoid making when you are thinking about suing and seeking a settlement because of your doctor's actions.

Waiting Too Long to File Suit

One of the most common mistakes that people make when they want to sue their doctor is waiting too long. If your health has declined as a result of your doctor's negligence, you may want to wait because you want to recover your health first.

However, if you wait, you may not be able to move forward with a lawsuit. Every state has their own statute of limitations, so make sure you consult a lawyer in your area to determine how long you have to make a decision about how to proceed.

Not Being Able to Prove Negligence

If you want to sue your doctor for medical malpractice, you can not do so merely because your health deteriorated after seeing them. In order to have a good chance of receiving a settlement, you need to be able to prove that your doctor was negligent regarding your health.

To do that, you must show that any injuries or worsening of health issues happened as a result of something that your doctor did. You need to show that your doctor acted differently than most other doctors would, and in the process affected your ability to work, caused you to incur additional medical bills unnecessarily, or caused specific mental or physical problems.

Expecting the Case to Proceed Quickly

If you have never filed suit and have no experience with lawsuits, you may expect that your case will be resolved right away. However, if you don't settle out of court, many medical malpractice suits can take 18 months to 2 years. This can be challenging for you, particularly if you are still dealing with a health issue as a result of your doctor's negligence. Knowing that you are in for a wait can help you prepare yourself for what lies ahead.

Now that you're aware of things you should avoid when suing your doctor for malpractice and negligence, it's important that you talk to your lawyer about what you should be doing instead. Work with your medical malpractice attorney to build the strongest case possible. Attorneys like Davidson Law Center Inc can help you determine how best to proceed.