When to Sue For Medical Malpractice

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The aftermath of a failed medical procedure can be heart-wrenching. For some people, it could mean permanent disability or reduced time left for proper treatment. When should you approach the court for such a matter? Let’s get right into it.

When you have a case

While the law may differ slightly between states, a few elements must be present to sue for medical malpractice and approach Chicago medical malpractice lawyers. The first element is whether there is a relationship between the doctor and the patient.

Doctors have a duty of care to their patients, and it involves a few things. They must take their patients’ medical histories and investigate their symptoms properly. Also, doctors must make a diagnosis or refer to another doctor when the need arises. If there is no need, they must proceed with treatment and follow up on the patient’s recovery.

The second element is whether the duty of care was breached. For example, failing to refer a patient to a specialist or failing to provide a diagnosis could be a breach of that duty.

Another element is the injury suffered after the breach of duty. A good example is amputation from a wrong or delayed diagnosis.

The final element is being able to prove that there was a link between the breach and the injury. This could be proof that the doctor failed to follow certain procedures, which led to the injury.

When can you not sue

You cannot sue in two situations. One is after the time limit elapses. There is a three-year time limit for initiating an action for medical malpractice. However, there may be some exceptions to this rule. Minors who have not turned 18 are allowed to initiate the action after they turn 18. They have two years to get it done.

These minors may be barred from bringing an action if the matter was already in court, initiated by their parents or guardians.

You also cannot sue if you were injured as a result of unavoidable complications during surgery or reactions to medications. As long as the doctor didn’t fail in their duty to care during these situations, then your chances of winning in court may be slim.

How a lawyer can help

A medical malpractice lawyer can help you determine if your case falls into the five elements to prove medical malpractice. The lawyer will also help collect evidence in the form of witness statements and pictures, as well as expert testimony to support your case.

Lawyers also help you write demand letters to the insurance companies, demanding compensation for your injury. If they fail to respond positively, then the lawyer can fully initiate a suit on your behalf.

Most medical malpractice lawyers do not charge legal fees upfront. They charge only contingency fees that are paid only after you win the case. This can be really helpful since medical malpractice is an unforeseen occurrence, and the costs can discourage people from going to court.