How to Sue for Medical Malpractice and Win
Over 250,000 people die a year because of medical mistakes, indicating that medical malpractice is one of the three greatest causes of death in the United States.
Malpractice can be as simple as a failure to provide a fast diagnosis for a treatable complication of an illness, resulting in more grave consequences. Malpractice can also be as complex as a medical procedure gone wrong, causing irreparable damage.
Americans file over 85,000 medical malpractice claims annually; on average, small claims were the most successful, with over $400,000 USD paid. Typically, malpractice suits are characterized by the need for extensive care, the extent of the damage done, and proof of misconduct.
In the unfortunate case that you have encountered malpractice, you are entitled to file a claim where you can quickly and efficiently resolve disputes. Below, find out how DoNotPay streamlines this process, resulting in faster and greater benefits for you!
What is Malpractice?
Malpractice is improper, illegal, or negligent professional activity or treatment. There are three specific characteristics a malpractice claim must have to be considered in the eyes of the law:
- A Violation of the Standard of Care – If you are treated in a way that violates your reasonable expectation of care, negligence can be established.
- An Injury Caused by Negligence – You must prove that you were injured as a result of the negligence.
- Significant Damages as a Result of the Injury – You must prove that significant damages resulted from the medical negligence, resulting in disability, loss of income, chronic pain, suffering, hardship, or expensive past and future medical bills
Malpractice vs. Negligence
Although commonly used interchangeably, malpractice and negligence are different. Both terms describe a fault on the physician/medical professional’s end, but refer to different occurrences that resulted in damages.
|Malpractice||An intentional deviation from the standard of care.
Example: A physician failing to perform a C-section in a timely manner, resulting in injuries to the baby
|Negligence||A mistake that resulted in causing a patient harm.
Example: A physician accidentally miscalculating the number of sedatives needed for an epidural.
Suing for Medical Malpractice
Medical malpractice is a legal cause of action that occurs when a medical or healthcare professional fails to meet the standards of their profession. These are the “4 D’s” — requirements that are needed to establish medical malpractice and for solidifying cases.
- Duty of Care – A doctor owes consumers a duty of care, which is treatment within a reasonable scope of the doctor’s skillset, care, and diligence as any other reasonable physician would do in the same circumstances.
- Dereliction/Failure to Fulfill – This refers to the failure of a medical professional to provide the patient with the treatment and expertise needed.
- Direct Causation – You must prove that the dereliction (step 2) was the reason that you suffered harm; it must be the direct cause of injury or damages.
- Damages – You must establish that you’ve suffered harm; physically, mentally, or both. In addition, you must have evidence to prove this; medical records, prescriptions, or the testimony of credible witnesses (a therapist, for instance). Below are some examples of common damages:
- Loss of the use of an organ or limb
- Loss of life enjoyment
Things to Consider Before Suing For Malpractice By Yourself
It is important to consider that filing a medical malpractice lawsuit is a lengthy and often costly process that might take years to properly file and substantiate. Unlike other claims, there is an extensive review, submission, and reformatting process involved.
In addition, states like California, have a “statute of limitations” rule — preventing a claim from being filed after a certain amount of time. Keeping this in mind, it is essential to note that often, the need for legal instruction is essential.
Sue For Medical Malpractice Through DoNotPay
As a solution to this problem that is easily accessible (and affordable) — DoNotPay offers an automated lawsuit filer. It effectively streamlines the legal process and cuts costs efficiently while not compromising success. All you need to do is:
- Log on to DoNotPay on any web browser and select “Sue Now”
- Then, you will enter the dollar amount owed.
- Select whether you’d like to receive a demand letter or court filing forms
- Finally, describe your reason for filing the lawsuit, and submit any additional details (including your photo evidence)
That’s all! With DoNotPay, the extensive process of suing for malpractice is covered in an instant! DoNotPay will generate a demand letter or court filing forms for you!
Who Else Has DoNotPay Helped Sue?
DoNotPay has a track record of helping people sue big corporations or their next-door neighbors. Some of the companies we have helped sue include: