Everything You Should Consider When Filing a Medical Malpractice Lawsuit

You expect your doctor and other medical professionals to provide the best care possible when you’re in need of treatment. Unfortunately, that’s not the case for all patients.

Medical malpractice can have a range of ill-effects, some of them lasting. Should you fall victim to negligent care, you must have the right information to file a medical malpractice suit to ensure the accountable party is held responsible for their actions.

Types of Medical Malpractice

Receiving a timely diagnosis is key to prevent more serious health effects from occurring. If your doctor diagnoses your wrongly or misses a key sign or symptom, you will be unable to receive the proper care.

The type of treatment provided can also be a factor in a malpractice case. For example, if your doctor recommends a treatment outside of the normal standard of care and you are injured as a result, you may have a medical malpractice case on your hands.

Your doctor must also be forthcoming about any risks of a treatment. This information allows you to make the best decision about your health and wellness. If you don’t receive information related to potential side effects or complications regarding a treatment and you experience an injury, you may be able to file suit.

Elements of a Medical Malpractice Case

In order to file a medical malpractice lawsuit, the following elements must be present:

  • A relationship between you and the medical provider. The doctor accused of malpractice must have a professional relationship with you for malpractice to be a factor. A doctor that casually provides medical advice in a social situation, such as a party or chance encounter, can’t be accused of malpractice.
  • The medical provider behaved in a negligent manner. The advice, treatment, or diagnosis the doctor provided must be negligent compared to the care a reasonable, competent doctor would provide.
  • This negligence directly led to the injury you sustained. There must be a direct link between the care afforded by the medical provider and the injuries you sustained. You must show that your injuries were not a result or your condition or other medical issues, but of your doctor’s negligent care.
  • You suffered harm as a result. These injuries must also be substantial to pursue damages. In addition to medical costs and lost wages, you can also seek damages for pain and suffering.

Steps to Take After Experiencing Medical Malpractice

While all personal injury cases are complex, medical malpractice cases are extremely complicated. That’s why you need the assistance of an experienced law firm to guide your case.

Hinkle Law Offices has experience with many types of personal injury, including those that happen at the hands of medical professionals. We also believe in treating all Albuquerque clients with care and compassion, so you can focus on healing from your injuries. Call (505) 883-4357 to schedule a consultation or contact us for more information.