what kind of lawyer do i need if im suing a doctor

What kind of lawyer do I need to sue for medical malpractice?

You need a lawyer that practices medical negligence litigation. Although the sub-category of lawyer you need is medical malpractice, the general category is Civil Trial Lawyer. Reach out to a personal injury attorney who specializes in medical malpractice.

How do I file a lawsuit against my doctor?

You should tell your attorney so she can prepare for it. Your doctor’s treatment could still be negligent even if you didn’t comply with his instructions. Draft the complaint. A lawsuit is initiated by filing a formal complaint in court. The complaint will allege the circumstances surrounding the lawsuit as well as the cause of action.

Can a personal injury lawyer take my mental health malpractice case?

It is important to note, however, that not all personal injury lawyers will be able to take your case, but LegalMatch’s platform can help you find one who specializes in mental health malpractice lawsuits.

Can I sue a hospital for negligent treatment?

In some cases, you can also sue the hospital where you received the negligent treatment. If you were injured during surgery, you also may sue anyone who attended to you during surgery, such as doctors and nurses. Write down where you received the negligent treatment: in a hospital? in the doctor’s office? at your home?

What is Medical Malpractice?

Medical malpractice is a widespread issue that can happen to any patient when they least expect it, causing someone who may have never been involved in the legal system before to need to sue a doctor.

Hiring a Lawyer To Sue a Doctor

Medical malpractice laws recognize that injured patients have the right to seek financial compensation, but the process is very confusing and requires an experienced personal injury lawyer to navigate.

Philadelphia Medical Malpractice Attorneys

Healthcare professionals have an obligation to their patients to act in accordance with the oath they swore to “ Do No Harm .” No patient seeking care should ever have to endure additional pain and suffering caused by those they trusted to heal them.

Summary of the Key Findings

Before suing a doctor, you should know the statute of limitations in your state, consult a medical expert, and find an experienced lawyer.

What You Should Do Before Suing a Doctor

Filing medical malpractice claims is different from filing other civil lawsuits. Here’s what to remember if you want to file a malpractice lawsuit.

Requirements for a Medical Malpractice Claim

When filing a malpractice suit, you have to be able to prove that medical malpractice happened. These are the requirements you have to show:

Most Common Types of Medical Malpractice

You need to prove a doctor deviated from accepted medical practices, such as prescribing the wrong therapy to leaving an instrument in the patient’s body during surgery.

Compensation You May be Entitled to

An injured patient can be entitled to economic and non-economic damages, such as:

How to Sue a Doctor: Final Thoughts

There are several steps and certain criteria you need to fulfill before suing a doctor. You have to check the legal standard in your state, get expert witnesses, and let the doctor know you intend to sue them.

What happens if you fall guilty to medical negligence?

If you’ve fallen guilty to a form of medical negligence, you may be able to take legal action. As a victim, this is likely to be a conflicting time, so you need to make sure you have the right help.

Can a case be bounced between attorneys?

In some instances, cases are bounced between attorneys within the same practice. Before settling on a firm, you should understand who you’d be working with throughout the process. Ask about other lawyers and paralegals who’d be attached to your case.

Why is finding a lawyer important in a medical malpractice case?

First, medical malpractice cases are a challenge to win, since they tend to involve complex legal and medical issues.

Who to talk to about medical malpractice?

For information that's tailored to your potential medical malpractice case, and details on what's required to file this kind of lawsuit in your state, talk to a medical malpractice lawyer.

How long do you have to file a medical malpractice lawsuit?

All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes of limitations. These laws can be very complex, since in most states the deadline can vary depending on the circumstances of a particular case. So the text of a typical statute of limitations for medical malpractice lawsuits might include: 1 the standard filing deadline (i.e. one year, two years) 2 the " discovery rule " exception for situations in which the patient did not know (or could not reasonably have learned) that a health care provider's medical negligence played a role in their harm 3 an overarching time limit for filing the lawsuit (called a "statute of repose"), which applies regardless of any "discovery rule" extension, and 4 the deadline for minors, incapacitated individuals, and others.

What is the statute of limitations for medical malpractice?

All states have specific deadlines for filing a medical malpractice lawsuit, set by laws called statutes of limitations. These laws can be very complex, since in most states the deadline can vary depending on the circumstances of a particular case. So the text of a typical statute of limitations for medical malpractice lawsuits might include:

Why are medical malpractice cases so expensive?

Fourth, medical malpractice cases are expensive (in part because of the cost of these medical experts). Good medical malpractice lawyers accept this and are prepared to pay these costs, which could reach tens of thousands of dollars. Inexperienced medical malpractice lawyers may not want to front these costs and/or may not be able to afford the costs, and you can lose your case if you're unable to pay the necessary experts.

What is the pre-lawsuit filing rule?

3. The "Certificate of Merit" and Other Pre-Lawsuit Filing Rules. In many states, the plaintiff's lawyer must submit what is called an "offer of proof" or a "cer tificate of merit" when (or soon after) filing the lawsuit, and before any pretrial investigation occurs.

What is a sworn opinion in a medical malpractice case?

Depending on the state's laws, this filing can require a qualified physician to review the plaintiff's medical records and write a sworn opinion decla ring that the defendant physician was negligent in providing care to the plaintiff, and that the physician's negligence caused the plaintiff's subsequent injuries.

How to find a lawyer for medical malpractice?

1. Make a list. Medical malpractice cases are among the most complicated cases to pursue, so you will need a lawyer. Check your Yellow Pages for attorneys, and perform a web search. Type “lawyer,” “medical malpractice,” and your city into your favorite search engine.

What is the most important thing to do to build a strong medical malpractice case?

Documenting your injury is the most important thing you can do to build a strong medical malpractice case.

Why is a medical claim worth less?

If the medical treatment aggravated a prior injury, your claim could be worth less because the jury may decide that the prior injury is to blame for your pain and suffering. How sympathetic the plaintiff is. If the plaintiff has a criminal record, then the amount of damages awarded could be lower.

What to do if you have a bruising injury?

If you have bruising, cuts, or infections, take photographs. This evidence will be useful at trial since it shows your condition immediately after receiving treatment from the physician. By the time you reach trial you might be better, but you can still be compensated for the injury your doctor caused.

What does it mean when an attorney's website is replete with grammatical errors?

Also look to see how professional the website is. An attorney whose website is replete with grammatical errors may be careless in his representation of you.

How to get medical records for trial?

Gather a complete set of medical records for your trial, including radiology reports, notes from your doctor, and reports from third-party medical professionals who you visited. You should call your doctor to ask about the specific procedure, as some doctors use third parties to store records.

What to do if your doctor denies your request?

Your doctor’s office should provide you with this. If your provider denies your request, it must provide you with a denial letter. The letter should tell you how to appeal, but also realize that you can get the medical records with a subpoena after you initiate a lawsuit.

What kind of services do lawyers provide?

Lawyers can provide a wide range of services to their clients. Some lawyers handle many different types of cases. Some lawyers specialize in one or two types, such as family and divorce law.

Where Can I Find the Right Lawyer?

LegalMatch.com is a fast, free, and confidential online platform to help you find the right lawyer for your case. LegalMatch.com provides attorney-client matching services based on the type of case, type of lawyer needed, and your location.

What Do Criminal Lawyers Do?

Criminal cases usually involve a prosecutor, a defendant and a defense attorney. A criminal lawyer is also sometimes called a defense attorney. These lawyers can be hired by the defendant or appointed by the court to represent the defendant.

What Do Probate and Estate Planning Lawyers Do?

Probating a will includes distributing property after a decedent, or individual who passed away, under court supervision. Guardianship is when an adult is appointed by the court to care for a minor child or a minor child’s property, such as a trust fund. Emancipation occurs when a minor child is granted certain rights of an adult, such as signing contracts. Conservatorship occurs when an adult is appointed to care for another adult who cannot care for themselves.

Why do you need a lawyer for a contract?

Even in transactional civil matters, such as drafting a contract, a lawyer can be very helpful. A lawyer can make sure contracts are drafted correctly and avoid problems at a later date. A real estate purchase, business purchase, and/or creation of a trademark or copyright will most likely involve a lawyer.

What is a lawyer?

A lawyer is an individual who is licensed to practice law in a state. Lawyers are also known as attorneys or an attorney at law. Some lawyers are licensed in multiple states. Some lawyers are admitted to practice at the Federal level as well.

Why is it important to have a family lawyer?

It is important in divorce cases for an individual to have a family lawyer representing them to ensure their rights are protected.