You can file a medical malpractice suit against your doctor if you were hurt due to his or her carelessness. Still, it’s not a piece of cake. The likelihood of an attorney Alex Freeburg taking on your case increases with each “yes” answer to the following set of questions.
To what extent did my doctor’s actions deviate from what is considered acceptable medical practice?
A breach of the standard of care occurs when a physician either provides care that a “reasonable” physician in the same or similar circumstances would not provide or fails to provide care that a “reasonable” physician would provide. You may have a strong case that your doctor didn’t behave like a “reasonable” doctor if, for example, he or she accidentally severed the wrong body part, advised you to stop taking a medication you needed, or left a sponge in place after surgery.
Malpractice, however, cannot be based only on allegations that a doctor was impolite or otherwise unprofessional. You need more than just rudeness on the part of your doctor for you to establish a case of medical malpractice against them.
Was I really harmed because of my doctor’s carelessness?
You can’t automatically file a malpractice suit just because you think your doctor was negligent. If your doctor’s behavior seems unreasonable, the next question is whether or not you were harmed by it, and how much. If your doctor made a mistake and gave you the wrong prescription but the mistake was discovered the next day, you wouldn’t have been harmed because you wouldn’t have had an opportunity to take the erroneous medication.
How Much Time Do I Have to File a Lawsuit for Medical Negligence?
The statute of limitations for filing a medical malpractice suit is short in every US state. A statute of limitations is the time limit rule. In most cases, you only have a limited amount of time after discovering your doctor caused you harm before your claim is barred by the statute of limitations.
You can likely sue your doctor for medical malpractice if you can show that they acted irrationally, that you incurred significant harm as a result of their acts, and that you brought your claim within the statute of limitations.