When you go to the doctor, you expect to come out better than before. If your doctor worsens your condition, you may have a malpractice claim. But how do you know if you should file a malpractice lawsuit? As a personal injury lawyer Scottsdale, AZ residents trust from SL Chapman Trial Lawyers would advise, here’s some insight to help you decide if it’s time.
Knowing What It Takes to File a Claim
When you choose to file a medical malpractice claim, it is critical to understand its time to receive a settlement. Having a lawyer at your side can help alleviate some of your stress. Medical malpractice lawsuits are one of the most time-consuming and emotionally draining suits. Hospitals and doctor offices have their lawyers to defend them against medical malpractice claims.
When you file a claim, you will be subject to questions from your attorney and the defense attorneys. While the lawsuit can feel like it goes on forever, remember that it will end and that your lawyer would not have taken your case unless he or she thought you had a strong claim.
Understanding the Threshold for Malpractice
If you know you’re ready for the legal battle, you need to ensure that your case meets the legal threshold for malpractice. To sue for malpractice, your doctor had to breach the medical standard of care. In addition, his or her standard of care had to cause the injuries. For example, if your doctor were to treat you negligently by prescribing the wrong medication, but you suffered no monetary losses or faced any damages due to it, you may not have a claim. However, if your doctor acted negligently and you sustained an injury, you have a claim.
Deciphering Malpractice From Unsuccessful Treatment
A lot of patients mistake unsuccessful treatment for malpractice. When it comes to medicine, there has to be room for physicians to make mistakes. If a doctor suggests a treatment for an injury or illness, there are no guarantees that it will cure you or clear up your condition. Sometimes, treatments are unsuccessful. The best way to tell the difference between malpractice and unsuccessful treatment is to receive a second opinion. If other doctors had followed the same treatment plan, you may not have a claim.
As an experienced legal team knows, such as the lawyers at SL Chapman Trial Lawyers, it can be difficult to know exactly if you have a case. You may have a medical malpractice claim if you suffered an injury or worsening illness because of a physician’s negligence.